Enforcing Environmental Laws in

the Laguna de Bay Region

• 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

Outline of the PresentationOutline of the Presentation

• LLDA’s 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

Outline of the PresentationOutline of the Presentation

Laguna de Bay Region, PhilippinesLaguna de Bay Region, PhilippinesSurface Area 90,000 has.Surface Area 90,000 has.Water Depth (Ave) 2.8 mWater Depth (Ave) 2.8 mTotal Volume 3.2 BCMTotal Volume 3.2 BCMShoreline Shoreline 220 Kms220 Kms

Lake Water Quality Class “C”Lake Water Quality Class “C”( ( Suitable for FisheriesSuitable for Fisheries ) )

Map of the Philippines Laguna de Bay Watershed

Largest lake in the Philippines, one of the largest in Southeast Asia

In the midst of the country’s 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

Introduction to Laguna de BayIntroduction to Laguna de Bay

POLICY AND PLANNINGPOLICY AND PLANNINGDevelop Lake with due regard to

environment and prevention of ecological imbalance

Conduct comprehensive survey/studiesPrepare comprehensive plan to conserve

and utilize resourcesExercise water rights within Laguna LakePrepare a water quality management programCoordinate policies with other government agencies and stockholders

REGULATORYREGULATORYEstablish and enforce water quality

standards for industrial, agricultural and municipal use

Issue and revoke permits for use of surface waters within the lake region

Approve development plans proposed by

LGUs, private persons or enterprises

Collect fees for use of Laguna Lake resources for all beneficial purposesCompel compliance

INFRASTRUCTURE ANDINFRASTRUCTURE ANDRESOURCES DEVELOPMENTRESOURCES DEVELOPMENT

Prepares and implement infrastructure projects such as river works, flood control and sewerage

Reclaim portions of the Lake Undertake re-adjustments, relocations or

resettlement of populationsFinance Infrastructure projectsCollect reasonable fees and toll chargesDevelop water supply from groundwater

or Lake water sourcesEngage in fish production and other

aquaculture projects

LLDA Core FunctionsLLDA Core Functions

• LLDA as a mechanism for decentralized (from national to regional) environmental compliance & enforcement covering entire watershed

• DENR : national line agency for ECE

2 Regional ENR offices: decentralized regulatory responsibilities

• Over 30 other water-related agencies

• 66 LGUs with environment-related functions (1991 Local Government Code)

• Phil. Clean Water Act reinforces LLDA as a watershed focused WQMA

Institutional and Legal Institutional and Legal ContextContext

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

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

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– Citizen’s monitoring & feedback (through LLDA

platforms)

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)

Composition of the LLDA Board of DirectorsComposition of the LLDA Board of DirectorsRepresentative 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 LagunaPrivate Investors’ RepresentativeGeneral Manager, LLDA, ex-Officio member

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

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

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

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)

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.

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 respondent’s right to a hearing and the LLDA will proceed to determine the merits of the case and apply proper relief & measures under the law.

• 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

Requisites for Public Hearing

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

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

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

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

TLOs

• Failure to comply: permanent CDO• Passing allowable standards:

– Formal lifting of CDO– Termination of the case upon full

payment of fines and penalties

Enforcement Execution

• By LLDA Enforcement Group with assistance from police authorities and LGUs

• Enforcement completion report within 48 hours upon execution

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

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

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

Current Initiatives in Addressing Challenges in Enforcement

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

Platform for LLDA-Stakeholders’ Feedback & Compliance

Assistance• LLDA Website• Continuing Environmental

Education Program• Quick Response Desk• TEXT LLDA and LLDA Hotline

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)

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

The End

Engr. Guillermo E. OrgilOIC, Pollution Control Division

Laguna Lake Development Authority

Philippines