Saving the Silent Waters(A Brown Bag Session)

IntroductionIndicators of a minimally educated person:

a. numeracyb. literacy c. The Concept of “ECOLACY” (by Garrett Hardin)

Awareness is not enough. We must act NOW.Perhaps, nothing is more indicative of our disregard to nature than our overuse and abuse of waters which we think are freely, infinitely and endlessly flowing within our surroundings. There is no doubt, however, that things have gone awry with the world, and something must be done, and soon! Rivers which once teemed with aquatic life are biologically dead, all life smothered by unrelenting slit and chemical effusions. Wells from which fresh water once gushed forth have turned dry. The environment is in too much precarious a situation as to leave it only in the hands of those who care for it. Within the social order, there must be a response, and when one calls for the rectification of the social order, one perforce invokes the formative and directive power of law (PHILJA, Perspectives in Judicial Education Selected Speeches and Writing by Assoc. Justice Ameurfina A. Melencio Herrera, pp. 540, 2009).

A Reflection. Choose one question and answer briefly in your own words.

1.How do environmental concerns affect the way we think about ethics in general?

2.What is our obligation to future and distant people (next generation) with regard to the environment? Do we have an obligation(s) to begin with?

3.Do we need a deeper understanding of reality that centers in nature? Why?

4.What are the implications of environmentalism for private property (the so-called “absolute right” to do whatever we like)?

The Tragedy of the “Commons”Freedom in Commons brings ruin to all

Case Analysis: Adding together the component partial

utilities, the rational herdsman concludes that the only sensible course

for him to pursue is to add another animal to his herd. And another and

another… but this is the conclusion reached by each and every

rational herdsman sharing the commons. Each man is locked in to a

system that compels him to increase his herd without limit…in a world

that is limited. Ruin is the destination toward which all men rush,

pursuing his own interest that believes in the FREEDOM OF THE

COMMONS. Therefore, “Freedom in a commons brings ruin to all”.

Let us have an illustration of the “Tragedy of Commons” in exploitation and abuse of water.a. A few farmers dumping their refuse into a river probably won’t affect the

river’s purity very much, but when many companies see it as a “cheap”

way of refuse disposal, the whole region suffers, while the company

bears only a fraction of the disadvantage, not enough to offset the money

saved by dumping waste into the river.

b. A factory saves money by burning fuel with high sulfur content, but the

sulfur dioxide it spews out causes acid rain that kills forest or pollutes a

river system, may be, 1,000 kilometers away- perhaps in a different

country… so why bother burning, anyway?

The Philippine Clean Water Act of 2004Natural Resources are Inalienable Properties of the State:

The case of Sta. Rosa Realty Dev. Corp. v. CA gives us a

glimpse of the dangers posed by the misuse of natural resources

such as watershed reservations which are akin to forest zones.

Population growth and industrialization have taken a heavy toll on

the environment. Environmental degradation from unchecked

human activities could wreak havoc on the lives of present and

future generations. Hence, by constitution fiat, natural resources

remain to this day inalienable properties of the state.

Declaration of State Policy

The State shall pursue a policy of economic growth in a manner consistent with the protection, preservation and revival of the quality of our fresh, brackish and marine waters.

To achieve this end, the framework for SUSTAINABLE DEVELOPMENT shall be pursued.

As such, it shall be the policy of the State:

a. To streamline processes and procedures in the prevention, control and

abatement of pollution of the country's water resources;

To promote environmental strategies, use of appropriate economic

instruments and of control mechanisms for the protection of water

resources;

b. To formulate a holistic national program of water quality management that

recognizes that water quality management issues cannot be separated from

concerns about water sources and ecological protection, water supply,

public health and quality of life;

c. To formulate an integrated water quality management framework through

proper delegation and effective coordination of functions and activities;

continued…d. To promote commercial and industrial processes and products that are environment friendly

and energy efficient;

e. To encourage cooperation and self-regulation among citizens and industries through the

application of incentives and market-based instruments and to promote the role of private

industrial enterprises in shaping its regulatory profile within the acceptable boundaries of public

health and environment;

f. To provide for a comprehensive management program for water pollution focusing on

pollution prevention;

g. To promote public information and education and to encourage the participation of an

informed and active public in water quality management and monitoring;

h. To formulate and enforce a system of accountability for short and long-term adverse

environmental impact of a project, program or activity; and

i. To encourage civil society and other sectors, particularly labor, the academe and business

undertaking environment-related activities in their efforts to organize, educate and motivate the

people in addressing pertinent environmental issues and problems at the local and national

levels.

Clean- Up OperationsAny person who causes pollution in or pollutes water bodies in excess of the applicable and prevailing standards shall be responsible to contain, remove and clean-up any pollution incident at his own expense to the extent that the same water bodies have been rendered unfit for utilization and beneficial use: Provided, That in the event emergency clean-up operations are necessary and the polluter fails to immediately undertake the same, the Department, in coordination with other government agencies concerned, shall conduct containment, removal and clean-up operations. Expenses incurred in said operations shall be reimbursed by the persons found to have caused such pollution upon proper administrative determination in accordance with this Act.

Environmental Impact Assessment

In view of assessing and evaluating the impact of an industry to the environment, particularly to the water system, the law provides a mechanism wherein all stakeholders actively participate in meticulously looking into the consequences and impact of such industry to the water quality.

PROHIBITED ACTS under RA 9275Discharging, depositing or causing

to be deposited material of any kind

directly or indirectly into the water

bodies or along the margins of any

surface water, where, the same shall

be liable to be washed into such

surface water, either by tide action

or by storm, floods or otherwise,

which could cause water pollution or

impede natural flow in the water

body;

Discharging, injecting or allowing to seep

into the soil or sub-soil any substance in

any form that would pollute groundwater. In

the case of geothermal projects, and

subject to the approval of the Department,

regulated discharge for short- term

activities (e.g. well testing, flushing,

commissioning, venting) and deep re-

injection of geothermal liquids may be

allowed: Provided, That safety measures

are adopted to prevent the contamination

of the groundwater;

Disposal of potentially infectious medical waste into sea water by vessels unless the health or safety of individuals on board the vessel is threatened by a great and imminent peril;

Operate facilities that discharge or allow to seep, willfully or through gross negligence, prohibited chemicals, substances or pollutants into water bodies or wherein the same shall be liable to be washed into such surface, ground, coastal, and marine water;

Fines, Damages and PenaltiesAny person who commits any of the prohibited acts provided in the immediately preceding section or violates any of the provision of this Act or its implementing rules and regulations, shall be fined by the Secretary, In the amount of not less than Ten thousand pesos (P10,000.00) nor more than Two hundred thousand pesos (P200,000.00) for every day of violation.

Penalty as deterrence. The fines herein prescribed shall be increased by ten percent (10%) every two (2) years to compensate for inflation and to maintain the deterrent function of such fines.

Closure and Cessation of Operations, construction, building. The Secretary may order the closure, suspension of development or construction, or cessation of operations or, where appropriate disconnection of water supply, until such time that proper environmental safeguards are put in place and/or compliance with this Act or its rules and regulations are undertaken.

ConclusionLet us act NOW to protect and preserve our Water Resources.

The most important product of a watershed is water which is one of the most important human necessities. The protection of watershed ensures an adequate supply of water for future generations and the control of flashfloods that not only damage property but also cause loss of lives. Protection of watersheds is an “intergenerational” responsibility that needs to be answered now” (Callado v. Court of Appeals, 390 SCRA 343,[2002]).