annex 2 30a-revised

7/28/2019 Annex 2 30a-Revised

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ANNEX 2-30a

Date: _______________________

ECC Ref. Code: ______________

The _______________________ (e.g. The President)___________________________(Name of Proponent/Company)___________________________ (Proponent Address)

Attention: (Name of Proponents Head)(Position of Proponents Head, e.g. President)

Subject: Certificate of Environmental Compliance Commitment (ECC)

Dear Sir/Madam:

This refers to the ECC application for the proposed (state name of project) to belocated in Barangays ______________, in the Municipality/City of ___________,Province of ____________ in Region _____.

After satisfying the requirements in the said application and upon recommendationof the Environmental Management Bureau (EMB), this Department has decided togrant an ECC to the above-mentioned project.

With the issuance of this ECC, you are expected to implement the measurespresented in the Environmental Impact Statement (EIS) Study, intended to protectand mitigate the projects adverse impacts on community health, welfare and theenvironment. Environmental considerations shall be incorporated in all phases and

aspects of the project. You may proceed with project implementation after securingall the necessary permits from other pertinent government agencies. This Office willbe monitoring the project periodically to ensure your compliance with stipulationscited in the attached ECC.

Please be guided accordingly.

Very truly yours,

NAME OF DECIDING AND SIGNING AUTHORITYPosition

cc: (state name of EMB Office)ENVIRONMENTAL COMPLIANCE COMMITMENT

(Environmental Compliance Certificate)(Issued under Presidential Decree 1586)

ECC No. ___________________

191

ANNEX 2-30aSTANDARD ECC FORMAT & CONTENT

(WITH SUPPLEMENTING GUIDELINES ON DECISION MAKING)


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ANNEX 2-30a

THIS IS TO CERTIFY THAT PROPONENT ___________________________________________________, represented by its President, ___________________________, is granted this ECC, for the proposed__________________________ located in BARANGAY/s

__________________________________________________________________,in the Municipality/City of _______________, Province of ________________,by the Department of Environment and Natural Resources (DENR), through theEnvironmental Management Bureau (EMB).

SUBJECT ONLY to the conditions and restrictions set-out in this ECC andin the attached document labeled as Annex A. EIARC Recommendations havebeen provided in Annex B as guidance to concerned government agencies andlocal government units for consideration in their decision making process.

PROJECT DESCRIPTION

The ECC covers the proposed (PROJECT NAME) with an area of _________ to be located inBarangays ________, Municipality/City of _________, Province of ______________, Region

______.

(State the projected scale or rate of production/generation and nature of product outputsbased on the units of measure or thresholds in Annex 2-1b of the DAO 2003-30 RevisedProcedural Manual. State also the estimated project life.

State the project components and process/technology to be used, if relevant to the project.

This ECC is issued in compliance to the requirements of Presidential

Decree No. 1586, in accordance to Department Administrative Order No. 2003-30.The Bureau, however, is not precluded from reevaluating, adding, removing, andcorrecting any deficiencies or errors that may be found to be inconsistent with theRevised Procedural Manual of DAO 2003-30 after issuance of this ECC.

Issued at (state DENR-EMB Office), (Address) this ________________.

Approved by:

Deciding Authority

PositionRecommending Approval:

Endorsing AuthorityPosition

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ANNEX 2-30a

Annex A

I. CONDITIONS

A. ENVIRONMENTAL MANAGEMENT and MONITORING PLAN (EMMoP)

1. The proponent shall ensure that all commitments, appropriatemitigating/enhancement measures and monitoring requirements especially thosecontained in the EMMoP in the EIA Report, its modifications and additionalinformation as approved by the EMB during the EIA Report review shall beinstituted and strictly implemented throughout the project implementation.

2. Formulate and enter into a Memorandum of Agreement on SocialDevelopment Plan (FOR MINING PROJECTS: Social Development andManagement Program or SDMP)

3. Undertake a continuing Information, Education and Communication(IEC) Program to explain to all stakeholders the final approved EMMoP and theconditions of this ECC as well as an update of project status including anysignificant changes on the EMMoP, results of MMT activities and over-allperformance against this ECC;

4. Submit an updated Project Environmental Risk Categorization prior toimplementation or as soon as or after the final siting and design of facilities havebeen decided, whichever comes earlier; (Using Annex 2-7d of the RevisedProcedural Manual of DAO 2003-30)

5. Submit an Abandonment Plan to the EMB at least __________ (specifyperiod, e.g. one year) prior to the projects abandonment. The plan shall includerehabilitation measures/clean-up, remediation of areas affected by the project andproposed alternative projects in the area;

B. GENERAL CONDITIONS

1. The operations shall conform to the applicable provisions of R.A. 6969(Toxic and Hazardous Waste Act of 1990), R.A. 8749 (Philippine Clean Air Act of1999), R.A. 9003 (Ecological Solid Waste Management Act of 2000), and R.A. 9275(Philippine Clean Water Act of 2004).

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ANNEX 2-30a

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GENERAL STANDARD CONDITIONS FOR MINING PROJECTS

1. Comply with the environmental management and protectionrequirements of the pertinent provisions of the Philippine Mining Act of 1995(R.A. 7942) and its implementing rules and regulations (DAO. No. 96-40, asamended), as well as the Memorandum of Agreement between the EMB andMGB executed on April 16, 1998. These include, among others:

1.1. Submit an Environmental Protection and Enhancement Program (EPEP),with the Final Mine Rehabilitation and/or Decommissioning Plan(FMR/DP) integrated thereto thru the MGB for approval of CLRF SteeringCommittee;

1.2. Set-up a Contingent Liability and Rehabilitation Fund (CLRF) andEnvironmental Trust Fund (ETF). The CLRF shall consist of the MineRehabilitation Fund (MRF), the Mine Waste and Tailings Fees (MWTF)and the Final Mine Rehabilitation and Decommissioning Fund (FMRDF);

and,1.3. Establishment of an MRF Committee and its monitoring arm, Multi-partite

Monitoring Team (MMT), following the guidelines on the RevisedProcedural Manual of 2003-30.

2. Establish a Mine Environmental Protection and Enhancement Office(MEPEO) to competently handle the environment related aspects of theproject in addition to the monitoring requirements as specified in the EMMoP.The MEPEO shall:

2.1 Implement the Social Development and Management Program (SDMP).

The reports shall be submitted to MGB Region ____ on an annual basis;2.2 Monitor actual project impacts vis--vis the predicted impacts and

management measures in the EIS;2.3 Submit all environmental reports to EMB Region ____ semi-annually; and,2.4 Ensure that monitoring and reporting are carried out as required.


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ANNEX 2-30a

II. RESTRICTIONS

9. In case of transfer of ownership of this project, these same conditionsand restrictions shall apply and the transferee shall be required to notifythe EMB within fifteen (15) days as regards to the transfer of ownership.

Pursuant to Section 9.0 of P.D. 1586, non-compliance with any of the provisionsof this ECC shall be sufficient cause for its cancellation or suspension and/orimposition of a fine in an amount not to exceed Fifty Thousand Pesos(PhP 50,000.00) thereof.

O.R. No. : _______________ Date : ______________

ProcessingFee

: PhP ___________

NOTE: Add as footer to all Annexes of the ECC:

ECC No. :

Project Name :

Proponent Name :

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GENERAL STANDARD CONDITIONS FOR ALL OTHER PROJECTS

1. A Memorandum of Agreement (MOA) on the formation of

a Multi-partite Monitoring Team (MMT), and establishment of anEnvironmental Monitoring Fund (EMF) and an EnvironmentalGuarantee Fund (EGF) shall be initiated by the Proponent incoordination with the concerned EMB Office and shall be submitted tothe EMB for approval within sixty (60) days from receipt of this ECC.

2. An Environmental Unit (EU) or its equivalent shall be established torelated aspects of the project. In addition to the monitoringrequirements as specified in the Environmental Management Plan(EMP)/Environmental Monitoring Plan (EMoP), the EU shall:

2.1 Monitor actual project impacts vis--vis the predictedimpacts and management measures in the EIS;

2.2 Submit semi-annually an ECC Compliance Report to theECC-endorsing or issuing office, wherein each second or year-end report shows the summary of cumulative performance ofProponent against previous years requirements andcommitments.


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ANNEX 2-30a

Annex B

PROJECT ASSESSMENT PLANNING TOOL

For the assistance of the Proponent, other DENR Divisions/Bureaus, otherconcerned government agencies and LGUs in the management of the project andfor better coordination in mitigation on the impact of the project on its surroundingareas and to the environment.

By way of recommendation, the following have been taken notice of by the EIAReview Committee and are forwarding these recommendations to the parties andauthorities concerned for proper appreciation and action, and integration into theirdecision-making process.

A. RECOMMENDATIONS TO CONCERNEDGOVERNMENT AGENCIES/LGUS

CONCERNEDPERMITTING,

DECIDING,MONITORING

ENTITIES

NOTE: REFER TO ANNEX 2-10 OF THE DAO 2003-30 REVISEDPROCEDURAL MANUAL FOR LIST OF AGENCIES/LGUS ANDCORRESPONDING GOVERNMENT REQUIREMENTS WHICH WILL BEADVISED BY THE EIA FINDINGS.

1.

2.

B.

ENVIRONMENTAL PLANNING RECOMMENDATIONS FOR THEPROPONENT

3.

4.

5.

For dissemination and proper action of the parties concerned.

____________________EIARC CHAIR

TYPE IN PRINTED NAMEEIAMD Chief

TYPE IN PRINTED NAMEEMB DIRECTOR

OR

TYPE IN PRINTED NAMEEMB REGIONAL

DIRECTOR

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ANNEX 2-30a

SWORN STATEMENT OF OWNER

I, (Name of Proponent Head), proponent of this (Project Name) located inBarangays ____________________, Municipality of _____________, Province of_________________ takes full responsibility in complying with all conditionscontained in this Environmental Compliance Commitment (EnvironmentalCompliance Certificate or ECC).

(NAME OF PROPONENT HEAD)Signature

TIN NO.

Subscribed and sworn to before me this ________________, the above-named affiant taking oath presenting Residence Certificate No.________________, issued on ________________ at ________________.

Signature of Notarizing Officer

Doc. No. ____________________

Page No. ____________________Book No. ____________________Series of ____________________

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ANNEX 2-30a

Guidelines on EIA Decision Making

A. General Procedural Guidelines

1) The ECC (together with the official cover letter) or the Denial Letter constitutes the decision

document representing the final decision/s of DENR on the ECC application of the proponent.2) The ECC shall contain the scope and limitations of the approved activities, as well as conditions

to ensure compliance with the Environmental Management Plan. The ECC shall also specify thesetting up of an EMF and EGF, if applicable. No ECC shall be released until the proponent hassettled all liabilities, fines and other obligations with DENR. A Denial Letter on the other handshall specify the bases for the decision.

3) The ECC or Denial Letter shall be issued directly to the project proponent or its duly authorizedrepresentative, and receipt of the letter shall be properly documented.

4) The responsible officer is expected to exercise due diligence and unbiased judgment inevaluating an ECC application by determining whether the proponent have reasonablysatisfied

or complied with these decision criteria. He shall take into consideration the recommendations ofthe EIARC, technical committee and/or the case handler.

5) As a general rule, the deciding authority must cite strong and compelling reasons, bases and/orjustifications whenever reversing or overturning the recommendations of the reviewing parties(e.g., EIARC, technical committee, case handlers). Among reasons or factors that may compelthe deciding authority to revise, amend, reverse or amend the recommendations of reviewingparties are:

a) Abuse of discretion or authority by the reviewing parties in such cases,the deciding authority must initiate the appropriate administrative proceedings against theperson/s involved.

b) Serious errors in the findings of facts among factors that will presentserious errors in the findings of facts include the disproportionate costs of mitigating orenhancement measures as compared to project costs or revenues, inappropriate mitigationor enhancement measures to the predicted impacts of the projects, imposition of ECCconditions that are not reasonable or appropriate to project activities, and similar situations.

c) The deciding authority, in making the final judgment, shall take intoaccount the social and environmental cost implications of the project relative to the judicious

B. Reckoning Date of Project Implementation

6) The start of implementation of the Project is defined as, the time when the project begun its

construction activities (i.e. site cleaning, excavation works). However, for Projects which do notrequire construction activities, its start of implementation is defined as, the time when themachines started its operation;

C. Issuance of Decision Documents

7) If no decision is made within the specified timeframe of review, the ECC/CNC application isdeemed automatically approved and the approving authority shall issue the ECC or CNC withinfive (5) working days after the prescribed processing timeframe has lapsed. However, the EMBmay deny issuance of ECC if the proponent fails to submit required additional information criticalto deciding on the ECC/CNC application, despite written request from EMB and despite anadequate period for the proponent to comply with the said requirement;

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8) In cases where ECC issuance cannot be decided due to the proponents inability to submitrequired additional information within the prescribed period, the EMB shall return the applicationto the proponent. The project proponent may resubmit its application, including the requiredadditional information, within one (1) year for Group I EIS-based projects and six (6) months for

all other covered projects without having to pay processing and other fees. Otherwise, the mattershall be treated as a new application;

9) In cases where EMB and the project proponent have exhausted all reasonable efforts to generatethe information needed for deciding on the ECC/CNC application, the responsible authority(Secretary or EMB Director / Regional Director) shall make a decision based on the availableinformation so as to comply with the prescribed timeframe. The decision shall nonetheless reflecta thorough assessment of impacts taking into consideration (i) the significance of environmentalimpacts and risks; (ii) the carrying capacity of the environment; (iii) equity issues with respect touse of natural resources, (iv) and the proponents commitment to institute effective environmentalmanagement measures.

10) The decision by DENR to approve or deny the ECC application is based on striking the correctbalance between socio-economic development and environmental protection. On one hand,DENR shall use a variety of criteria to assess environmental factors, social acceptability andequity issues among others. On the other hand, the principle of the primacy of jurisdiction ofother government agencies must be respected and supported.

a) Environmental and Socio-economic Criteria: On the assessment of the overallacceptability and desirability of the project, the evaluation requires the consideration of abroad spectrum of environmental factors, social acceptability and equity issues such as:

i) ecological/environmental soundness of the proposed project : The primary considerationthat a project is deemed to be ecologically or environmentally sound is that a project is designedin such manner so as to avoid or minimize negative environmental impacts to the extent practical

or feasible. Moreover, ecological or environmental soundness of a project is determined by themitigation of negative environmental impacts. The key decision query for this criterion is: Arethe proposed mitigating measures of the project appropriate and adequate to reduce or minimizethe projected negative environmental impacts to the extent feasible/practical?

ii) effective implementation of the public participation process: It is important that theproponent and preparers utilized a meaningful process that involved the widest possible range ofstakeholders. The EIA process is not expected to be a venue for the finalresolution of conflicts it should be noted that the primary responsibility for conflict resolutions lies with the LGUconcerned. The important consideration is that the proponent has exerted reasonable effort insoliciting and harnessing the participation of stakeholders in the EIA process as well asundertaking the appropriate mode of social impact assessment. As such, the processdocumentation is one of the most suitable bases for assessing this criterion.

iii) promotion of social and intergenerational equity and poverty alleviation : It is important thatthe project promote social and intergenerational equity and contributes to the poverty alleviationprogram of the government. Within the context of the Philippine EIS System, the project must bedeemed as satisfactorily adhering to the principles of sustainable development.

iv) effective environmental monitoring and evaluation: The effectiveness of the environmentalmonitoring and evaluation program of a proposed project is best determined by itsappropriateness. The program is effective if it focuses on the most significant of the predictedenvironmental impacts. In addition, the estimated costs of monitoring and evaluation must becommensurate to the operating costs/expenses of the project this is to ensure thereasonableness of the program.

v) proposed mitigation and enhancement measures: The effectiveness of the proposedmeasures is based on its appropriateness to the activities of the project. In addition, the

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proposed mitigation or enhancement measures must address the most significant of thepredicted environmental impacts. It is not expected that the proponent shall resolve or addressthe entire problems (for example, a proponent whose project may cause additional traffic in thearea is not expected to solve the problem). But rather, the proponent is expected to deal with(either by minimizing or avoiding) incremental negative impacts that may be caused by the

proposed project.

b) Primacy of Jurisdiction: The principle ofprimacy of jurisdiction of other governmentagencies must be given due consideration, e.g. the DOH has primary jurisdiction over healthissues, the LGUs on social acceptability, and so on. Concerns and issues under thejurisdiction or mandates of other government agencies must be addressed by the EIA study.However, the regulatory documentary requirements of such agencies addressing suchissues shall be resolved outside of the EIA process. As a practical application, requiringclearances, permits or endorsements from other government agencies shall not be pre-requisites for ECC issuance.

i) In particular, social acceptabilitydetermination is recognized as falling within the jurisdiction of

the local government units concerned. It should be noted that the issuance of ECC does not, inany way, compel the LGU to issue the requisite permits or licenses (e.g., building permit,business permit). Corollary to this principle, the issuance of ECC shall serve as a guide or basisfor the decision-making of the LGU to approve the project or not.

ii) The Philippine EIS System further recognizes the primacy of the jurisdiction of other governmentagencies in their respective primary sphere of responsibilities. In this connection, while issuesthat are within the purview or mandates of other government agencies may be discussed andevaluated within the EIA process as part of the integrated approach in considering concerns of allstakeholders of the project, the issues shall be resolved exclusively by the agenciesconcerned, outside the pre-ECC process. For example, health issues must be dealt withusing systems and procedures as may be prescribed by the Department of Health. Another casein point, historical or cultural issues shall be within the exclusive ambit of the National Historical

Institute, National Commission on Culture and the Arts, and/or other relevant governmentagencies.

iii) Using the same principle of jurisdiction primacy, the coverage under the Philippine EIS Systemshall be based on expert judgment of the government agency concerned. For example,determination of areas that are prone to volcanic activities or vulnerable to earthquake shall bethe exclusive domain of PHILVOLCS. Likewise, determination of areas frequently visited orhard-hit by typhoons is within the jurisdiction of PAGASA. DENR can only certify areas which arewithin its mandate, i.e. declared protected areas under the NIPAS Act.

D. Technical Procedures on Matters covered by the Automatic ApprovalProvision of DAO 2003-30

11) DAO 2003-30 provides that the absence of any action/s or decision/s by DENR-EMB on anypending request/s within the allotted processing time shall be deemed as approvedor decidedupon in favor of the requesting party. Under such circumstances, the following procedures shallguide the preparation and release of the requisite document/s:

b) In the absence of any action/s or decision/s by DENR-EMB on any pending request/s orapplication after the allotted processing time, a proponent shall file a letter-request for thepreparation and release of the requisite document/s (e.g., ECC, amendment of ECC, use ofthird party auditor, reduction of fines, etc.). The letter-request must be filed within three (3)months after the last day of the allotted processing time.

b) Upon receipt of the letter-request, DENR-EMB shall determine the validity of the claim of noaction/s or no decision/s.

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i) In case a decision or action has been made by DENR-EMB, documentary proof of such action/sor decision/s shall be furnished to the proponent/applicant.

ii) The failure by proponent/applicant to receive such communication or document shall render theclaim invalid provided that evidence/s exists that such documents were sent to the

proponent/applicant. A copy of the communication received by representative/s of theproponent/applicant or proof of delivery via registered mail shall constitute sufficient proof that adecision/s or action/s has been made

iii) The failure by DENR-EMB to duly transmit the document containing its decision/s or action/s tothe proponent/applicant or representative shall not render the claim invalid.

c) If the claim of no action/s or no decision/s is found to be valid, the DENR-EMB office orofficer concerned shall prepare, issue and release the required document/s (e.g., ECC,amended ECC, reduction of fine, etc.) not later than five (5) working days after the receipt ofthe letter-request.

d) In case the DENR-EMB office concerned failed to act within five (5) working days, the

receiving clerk/personnel, head of the division concerned and the head of the DENR-EMBoffice concerned (e.g., Director) shall be administratively liable in accordance with civilservice rules and regulations.

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