lgu and key environmental laws

7/23/2019 LGU and Key Environmental Laws

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LGU and Key environmental laws



• Local Government Code 1991

• Clean Water Act of 9275 of 2004

•

Clean Air Act 8749• Solid Wastes Management Act 9003

• Others that might be of interest



Local Government Code of 1991

• Section 17. Basic Services and Facilities. -

• (a) Local government units shall endeavor to be self-reliant and shall continue exercising the powers anddischarging the duties and functions currently vested

upon them. They shall also discharge the functionsand responsibilities of national agencies and officesdevolved to them pursuant to this Code. Localgovernment units shall likewise exercise such otherpowers and discharge such other functions and

responsibilities as are necessary, appropriate, orincidental to efficient and effective provisions of thebasic services and facilities enumerated herein.



• b) Such basic services and facilities include,

but are not limited to, the following:

• (1) For Barangay:

• (iii) Services and facilities related to general

hygiene and sanitation, beautification, and

solid waste collection;



• For municipality

• (vi) Solid waste disposal system or

environmental management system and

services or facilities related to general hygiene

and sanitation;



• For provinces

• (iii ) Pursuant to national policies and subjectto supervision, control and review of the

DENR, enforcement of forestry laws limited tocommunity-based forestry projects, pollutioncontrol law, small-scale mining law, and otherlaws on the protection of the environment;and mini-hydroelectric projects for localpurposes;



• Section 26. Duty of National Government Agencies inthe Maintenance of Ecological Balance. - It shall be the

duty of every national agency or government-owned orcontrolled corporation authorizing or involved in theplanning and implementation of any project orprogram that may cause pollution, climatic change,depletion of non-renewable resources, loss of cropland, rangeland, or forest cover, and extinction ofanimal or plant species, to consult with the localgovernment units, nongovernmental organizations,and other sectors concerned and explain the goals andobjectives of the project or program, its impact uponthe people and the community in terms ofenvironmental or ecological balance, and the measuresthat will be undertaken to prevent or minimize theadverse effects thereof.



• Section 36. Assistance to People's and Non-governmental Organizations. - A localgovernment unit may, through its local chief

executive and with the concurrence of thesanggunian concerned, provide assistance,financial or otherwise, to such people's andnon-governmental organizations for

economic, socially-oriented, environmental, orcultural projects to be implemented within itsterritorial jurisdiction.



• Section 447. Powers, Duties, Functions andCompensation. -

• (a) The sangguniang bayan, as the legislative body ofthe municipality, shall enact ordinances, approve

resolutions and appropriate funds for the generalwelfare of the municipality and its inhabitants pursuantto Section 16 of this Code and in the proper exercise ofthe corporate powers of the municipality as providedfor under Section 22 of this Code, and shall:

• (1) Approve ordinances and pass resolutions necessaryfor an efficient and effective municipal government,and in this connection shall:



• (vi) Protect the environment and imposeappropriate penalties for acts which endangerthe environment, such as dynamite fishing and

other forms of destructive fishing, illegal loggingand smuggling of logs, smuggling of naturalresources products and of endangered species offlora and fauna, slash and burn farming, and such

other activities which result in pollution,acceleration of eutrophication of rivers andlakes, or of ecological imbalance;



• Section 458. Powers, Duties, Functions andCompensation.

• (a) The sangguniang panlungsod, as the legislativebody of the city, shall enact ordinances, approve

resolutions and appropriate funds for the generalwelfare of the city and its inhabitants pursuant toSection 16 of this Code and in the proper exercise ofthe corporate powers of the city as provided for underSection 22 of this Code, and shall:

• (1) Approve ordinances and pass resolutions necessaryfor an efficient and effective city government, and inthis connection, shall:



• (vi) Protect the environment and imposeappropriate penalties for acts which endangerthe environment, such as dynamite fishing and

other forms of destructive fishing, illegal loggingand smuggling of logs, smuggling of naturalresources products and of endangered species offlora and fauna, slash and burn farming, and such

other activities which result in pollution,acceleration of eutrophication of rivers andlakes, or of ecological imbalance;



• Section 468. Powers, Duties, Functions andCompensation.

• (a) The sangguniang panlalawigan, as the legislativebody of the province, shall enact ordinances, approve

resolutions and appropriate funds for the generalwelfare of the province and its inhabitants pursuant toSection 16 of this Code in the proper exercise of thecorporate powers of the province as provided for underSection 22 of this Code, and shall:

• (1) Approve ordinances and pass resolutions necessaryfor an efficient and effective provincial governmentand, in this connection, shall:



• 4) Approve ordinances which shall ensure theefficient and effective delivery of basic servicesand facilities as provided for under Section 17 of

this Code, and, in addition to said services andfacilities, shall:

• (i ) Adopt measures and safeguards against pollution and for the preservation of the natural

ecosystem in the province, in consonance withapproved standards on human settlements andenvironmental sanitation;



• (4) For a City:

• All the services and facilities of the

municipality and province, and in addition

thereto, the following:

• (1) Adequate communication and

transportation facilities;



• Republic Act No. 9275 March 22, 2004

• AN ACT PROVIDING FOR A COMPREHENSIVE

WATER QUALITY MANAGEMENT AND FOR

OTHER PURPOSES



• SECTION 20. Role of Local Government Units. - Localgovernment units shall share the responsibility in the

management and improvement of water quality withintheir territorial jurisdictions.

• Each local government unit shall within six (6) monthsafter the establishment of the water quality

management area action plan prepare a compliancescheme in, accordance thereof, subject to review andapproval of the governing board.

• Each local government unit shall, through itsEnvironment and Natural Resources Office (ENRO)

established in Republic Act No.7160, have the followingpowers and functions:

• a) Monitoring of water quality;

• b) Emergency response;



• SECTION 21. Business and Industry Role inEnvironmental Management . - The Departmentand the LGUs, in coordination with theappropriate government agencies. and in

consultation with the business and industrialsectors including commerce, shall formulateappropriate incentives for the adoptionprocedures that will preserve and protect our

water bodies through the introduction ofinnovative equipment and processes that reduceif totally eliminate discharge of pollutants intoour water bodies



• REPUBLIC ACT

• No. 8749

• Subject: AN ACT PROVIDING FOR A

COMPREHENSIVE AIR• POLLUTION CONTROL POLICY AND FOR OTHER

• PURPOSES

•

Be it enacted by the Senate and House ofRepresentatives of the Philippines in Congress

• assembled:



• SEC. 2. Declaration of Principles. - 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.• The State shall promote and protect the global

environment to attain sustainable development

while recognizing the primary responsibility oflocal government units to deal with

environmental problems



• SEC. 8. Air Quality Control Action Plan.-

Within six (6) months after the formulation of

the framework, the Department shall, with

public participation, formulate and implementan air quality control action plan

consistent with Sec. 7 of this Act. The action

plan shall:



• Likewise, the LGU’s, with the assistance from theDepartment, shall prepare and develop an action

plan consistent with the Integrated Air QualityImprovement Framework to attain and maintain theambient air quality standards within their respectiveairsheds as provided in Sec. 9 hereof.

• The local government units shall develop and submit to

the Department a procedure for carrying out the actionplan for their jurisdiction. The Department, however, shallmaintain its authority to independently inspect theenforcement procedure adopted. The Department shallhave the power to closely supervise all or parts of the air

quality action plan until such time the local governmentunit concerned can assume the function to enforce thestandards set by the Department.



• SEC. 20. Ban on Incineration.- Incineration, hereby defined as theburning of municipal, biomedical and hazardous waste, which

process emits poisonous and toxic fumes is hereby prohibited;Provided, however, That the prohibition shall not apply totraditional small-scale method of community/neighborhoodsanitation “ siga” , traditional, agricultural, cultural, health, and foodpreparation and crematoria; Provided, further, That existingincinerators dealing with a biomedical wastes shall be out within

three (3) years after the effectivity of this Act; Provided, finally, thatin the interim, such units shall be limited to the burning ofpathological and infectious wastes, and subject to close monitoringby the Department.

• Local government units are hereby mandated to promote,encourage and implement in their respective jurisdiction a

comprehensive ecological waste management that includes wastesegregation, recycling and composting.



• REPUBLIC ACT NO. 9003 (ECOLOGICAL SOLID

WASTE MANAGEMENT ACT OF 2000)



• Sec. 2. Declaration of Policies. - It is herebydeclared the policy of the State to adopt asystematic, comprehensive and ecological solidwaste management program which shall

• g) Retain primary enforcement andresponsibility of solid waste management withlocal government units while establishing acooperative effort among the national

government, other local government units, non-government organizations, and the privatesector;



• Sec. 10. Role of LGUs in Solid Waste Management. -Pursuant to the relevant provisions of R. A. No. 7160,otherwise known as the Local government code, theLGUs shall be primarily responsible for the

implementation and enforcement of the provisions ofthis Act within their respective jurisdictions.

• Segregation and collection of solid waste shall beconducted at the barangay level specifically forbiodegradable, compostable and reusable wastes:

Provided , That the collection of non-recyclablematerials and special wastes shall be theresponsibility of the municipality or city.



• Sec. 11. Provincial Solid Waste Management Board. - A ProvincialSolid Waste Management board shall be established in every

province, to be chaired by the governor. Its members shallinclude:

• (a) All the mayors of its component cities and municipalities; (b)One (1) representative from the Sangguniang Panlalawigan to berepresented by the chairperson of either the Committees onEnvironment or Health or their equivalent committees, to be

nominated by the presiding officer; • (c) The provincial health and/or general services officers,

whichever may be recommended by the governor;

• (d) The provincial environment and natural resources officer;

• (e) The provincial engineer;

•

(f) Congressional representatives from each congressional districtwithin the province;



• (g) A representative from the NGO sector whose principal purpose is topromote recycling and the protection of air and water quality;

• (h) A representative from the recycling industry;

• (i) A representative from the manufacturing or packaging industry; and

• (j) A representative of each concerned government agency possessingrelevant technical and marketing expertise as may be determined by theboard.

•The Provincial Solid Waste Management Board may, from time to time,call on any other concerned agencies or sectors as it may deemnecessary: Provided , That representatives from the NGOs, recycling andmanufacturing or packaging industries shall be selected through aprocess designed by themselves and shall be endorsed by thegovernment agency of representatives of the Board: Provided , further ,that in the Province of Palawan, the Board shall be chaired by the

chairman of the Palawan Council for Sustainable Development, pursuantto Republic Act No. 7611.



• Sec. 16. Local Government Solid Waste Management Plans. - Theprovince, city or municipality, through its local solid waste management

boards, shall prepare its respective 10-year solid waste managementplans consistent with the national solid waste management framework:Provided , That the waste management plan shall be for the re-use,recycling and composting of wastes generated in their respective

jurisdictions: Provided , further , That the solid waste management plan ofthe LGU shall ensure the efficient management of solid waste generatedwithin its jurisdiction. The plan shall place primary emphasis on

implementation of all feasible re-use, recycling, and compostingprograms while identifying the amount of landfill and transformationcapacity that will be needed for solid waste which cannot be re-used,recycled, or composted. The plan shall contain all the componentsprovided in Sec. 17 of this Act and a timetable for the implementation ofthe solid waste management program in accordance with the NationalFramework and pursuant to the provisions of this Act: Provided , finally ,That it shall be reviewed and updated every year by the provincial, cityor municipal solid waste management board.



• For LGUs which have considered solid waste managementalternatives to comply with Sec. 37 of this Act, but areunable to utilize such alternatives, a timetable or scheduleof compliance specifying the remedial measure andeventual compliance shall be included in the plan.

• All local government solid waste management plans shallbe subjected to the approval of the Commission. The planshall be consistent with the national framework and inaccordance with the provisions of this Act and of thepolicies set by the Commission; Provided , That in the

province of Palawan, the local government solid wastemanagement plan shall be approved by the PalawanCouncil for Sustainable Development, pursuant to R. A. No.7611.



• IN PRACTICE



• Power – the laws are interpreted to maximum

limits possible to maximize the power and

authority of the party

• Responsibility- the laws are interpreted to the

minimum to minimize the responsibility of the

interested party



• In good faith a number of bureaucrats got

carried away with the power and authority oftheir office

– They require extensive documentations and

procedures to support applications

– They require unnecessary documents and

unnecessary procedures

_ As a result they swamp their offices with paper

works and exceed storage for documents _ Public takes time to comply with unnecessary and

duplicative requirements and procedures



• Governance becomes a potential issue as

compliance to the documentation andprocedural requirements are unreasonable

and difficult to comply

•

The public becomes cynical and distrustful ofthe unreasonable and unnecessary

documentation and procedure

• The public suspect that there are other

reasons for the unnecessary and unreasonable

documentation and procedures



• PUBLIC SERVICE EFFICIENCY AND PUBLIC

TRUST TO THE BUREACRACY DECLINES



In other countries

• One of the main work of the ombudsman is toremove inefficiency in the delivery of publicservice. That is the bureaucrat is correct and

has every right to impose the unreasonableand unnecessary documentation andprocedures but if the documentations andprocedures have little or no benefits or it

makes the delivery of public serviceinefficient, the ombudsman could actionbased on complaints or on its own initiatives



• For example in Australia- the ombudsman found51 per cent of the cases investigated, thebureaucrat has legal authority to requireadditional documentation and procedure but the

ombudsman ruled and publicized that thosedocumentation and procedures have little or noadditional value, lowers the efficiency of thedelivery of public service, unjust as it effectively

impose extra burden on the poor who may nothave the resources to access the information orcapacity to interpret and to complex procedures.



Impact of Action

• Publicity and damaged reputation of the

bureaucrat and office is more important than

large fines and penalties

• Publicity is made to deter other bureaucrats frommaking similar unnecessary requirements

• Suspension and fines may be imposed but

normally it is very light from one day to one weeksuspension or forfeiture of one to two days of

salary



• Search of the internet shows this is a standard

practice of the ombudsman in most

developed countries

• For European Union and its Ombudsman

reference to the link:

• http://www.ombudsman.europa.eu/atyourser

vice/nationalombudsmen.faces



• Article XI of the Philippine constitution gives

similar duties and function of the Ombudsman

• Section 13. The Office of the Ombudsman

shall have the following powers, functions,

and duties:

• Investigate on its own, or on complaint by any

person, any act or omission of any public

official, employee, office or agency, when such

act or omission appears to be illegal, unjust,

improper, or inefficient.



• Filipino Public Officials not just accountable of

illegal actions but also for actions that are

unjust, improper and inefficient



• In fact the powers, functions and duties of the

Ombudsman goes beyond disciplining the

bureaucrat:

• The Ombudsman

• Sec 13-7 Determine the causes of inefficiency,

red tape, mismanagement, fraud, and corruption

in the Government and make recommendationsfor their elimination and the observance of high

standards of ethics and efficiency.



• Again the Ombudsman could use the same tacticof discouraging public officials from gettingcarried away with their power and authority bymaking unnecessary requirements by publicizing

its investigation• Sec 13-6 of the Philippine constitution

• Section 13. The Office of the Ombudsman shallhave the following powers, functions, and duties

• 6 . Publicize matters covered by its investigationwhen circumstances so warrant and with dueprudence



• Test for unjust, improper and inefficient

procedures and requirements• What are the resources ( money, time,

equipment , expertise ) required to comply ?

Will the poor or small businesses not be put ata disadvantage?

• What is the value added by the additional

requirements compared to its benefits?



• What is the implications if the requirement isremoved? Are the adverse impacts on the integrity ofthe public service justify retaining thoserequirements? For example, if it will affect less than 1per cent, is it justified to retain the requirements andlet the 99 per cent of the public comply or is it more

efficient to refer the special case to higher authorities?• Is the office the right office to require those procedures

and documentations? For example, EMB may requireevery PCO and pollution control treatment plantoperator to undergo weekly drug test on the ground

drug addicts when high may cause the plant tomalfunction and destroy the environment. Is thisbetter addressed by the police or PDEA and plantmanagement rather than EMB?



• The other 46 per cent of the cases are

bureaucrats exercising powers and authorities

that they are not authorized—”ultra vires

acts”

• Very common in cross cutting issues such as

the environment, land use and development

planning



• If acts by bureaucrats authorized by law but

are unnecessary, impedes the delivery of

public services or increase inefficiency or red

tapes are subject to review and sanction bythe Ombudsman, then ultra vires act should

be dealt more promptly and with a higher

penalty.



• While the temptation and implication of mis-governance is there when a bureaucratrequires additional documentation and

complicates procedures, it is difficult to proveand expensive. The cost of compliance to mis-governance is much lower than playing alongwith the bureaucrat. Under present set up

ultra vires acts falls under the Anti-corruptionlegislation and only if it proven the bureaucratacted in a corrupt manner.



• However, it is the development of the whole

nation that will suffer

• The country will become a republic of a

million kingdoms with each bureaucrat in its

own small way making at his discretion his

own requirements and procedures



• Thank you

lgu and key environmental laws

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