LGU and Key Environmental Laws
Transcript of LGU and Key Environmental Laws
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LGU and Key environmental laws
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• 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
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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.
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• 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;
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• For municipality
• (vi) Solid waste disposal system or
environmental management system and
services or facilities related to general hygiene
and sanitation;
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• 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;
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• 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.
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• 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.
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• 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:
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• (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;
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• 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:
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• (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;
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• 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:
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• 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;
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• (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;
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• Republic Act No. 9275 March 22, 2004
• AN ACT PROVIDING FOR A COMPREHENSIVE
WATER QUALITY MANAGEMENT AND FOR
OTHER PURPOSES
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• 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;
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• 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
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• 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:
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• 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
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• 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:
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• 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.
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• 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.
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• REPUBLIC ACT NO. 9003 (ECOLOGICAL SOLID
WASTE MANAGEMENT ACT OF 2000)
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• 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;
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• 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.
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• 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;
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• (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.
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• 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.
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• 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.
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• IN PRACTICE
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• 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
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• 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
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• 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
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• PUBLIC SERVICE EFFICIENCY AND PUBLIC
TRUST TO THE BUREACRACY DECLINES
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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
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• 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.
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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
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• 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
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• 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.
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• Filipino Public Officials not just accountable of
illegal actions but also for actions that are
unjust, improper and inefficient
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• 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.
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• 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
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• 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?
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• 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?
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• 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
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• 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.
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• 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.
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• 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
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• Thank you