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Presidential Decree No. 1152
PHILIPPINE ENVIRONMENT CODE
WHEREAS, The broad
spectrum of environment has become a matter of vital concern to the government
;
WHEREAS, the national
leadership has taken a step toward his direction by creating the National Environmental
Protection Council under president decree No. 1121;
WHEREAS, it is
necessary that the creation of the council be implemented with the launching
of a comprehensive program of environmental protection and management ;
WHEREAS, such a
program can assume tangible and meaningful significance only by establishing
specific environment management policies and prescribing environment quality
standards in the Philippine Environment Code;
NOW, THEREFORE,
I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue
of the powers vested in me by the constitution, do hereby order and decree:
SECTION 1.
Short Title .-- This decree shall be known and cited as the " Philippine
Environment Code."
TITLE -- AIR QUALITY MANAGEMENT
SEC. 2. Purpose .-- The purposes of this title
are:
a) to achieve and maintain such levels of air quality as to protect public health
; and
b) to prevent to the greatest extent practicable, injury and /or damage to plant
and animal life and property, and promote the social and economic development
of the country.
CHAPTER I-- STANDARDS
SEC. 3.
Ambient Air Quality Standards .--There shall be established ambient
air standards which shall be prescribe the maximum concentration of air pollutants
permissible in the atmosphere consistent with the public health, safety and
general welfare .
In the established ambient air quality standards factor such as local atmospheric
conditions, location and land use, and available technology, shall be considered
among others.
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7364 OFFICIAL GAZETTE VOL. 73, NO. 32
SEC . 4. National Emission Standards .--There shall be established
national emission standards for new an existing stationary and mobile sources
of pollution which shall consider among others such factors as type of industry,
practicable control technology available, location and land use, and the nature
of pollutants emitted.
SEC. 5. community noise Standards .-- Appropriate
standards for community noise levels shall be established considering, among
others, location , zoning and land use classification.
SEC. 6. Standards for Noise - Producing Equipment .--There
shall be established a standard for noise producing equipment such as construction
equipment, transportation equipment, stationary engines , and electrical or
electronic equipment and such similar equipment of contrivances. The standard
shall set a limit on the acceptable level of noise emitted from a given equipment
for the protection of public health and welfare, considering among others ,the
magnitude and condition of use, the degree of noise reduction achievable through
the application of best available technology and the cost of compliance.
The installation of any noise-producing equipment shall conform with the requirements
of Presidential Decree No. 1096 and other applicable laws as well as their implementing
rules and regulations.
SEC. 7. Aircraft Emission and Sonic Booms .--Appropriate
government agencies shall encourage research Studies on the harmful effects
of aircraft emissions in the environment in order to establish permissible emission
standards.
Research and studies shall also be undertaken to mitigate and /or minimize the
effects of sonic booms in the environment.
CHAPTER II-- REGULATION
AND ENFORCEMENT
SEC. 8.
Air quality and Noise standards .-- The National Pollution Control
Commission in coordination with appropriate government agencies shall be responsible
for the enforcement of ambient air quality emission and noise standards, including
the monitoring and surveillance of air pollutants, licensing and permitting
of air pollution control facilities , and the promulgation of appropriate rules
and regulations.
Existing air quality emission and noise standards may be revised and or modified
consistent with new development and technology.
SEC. 9 . Aircraft Noise .-- Community noise standards around
airports shall be implemented by the Civil Aeronautics Administration in Coordination
with the National Pollution Control Commission.
SEC. 10. Vehicular Emission .--The Land Transportation Commission,
in coordination with the National Pollution Control Commission, shall implement
emission standards for motor vehicles and may deputize other appropriate law
enforcement agencies for the purpose.
SEC. 11. Radioactive Emission .-- The release and emission
of radioactivity into the environment incident to the establishment of possession
of nuclear energy facilities and radioactive materials, handling, transport,
production, storage, use and disposal of radioactive materials shall be regulated
by the Philippines Atomic Energy Commission in coordination with other appropriate
government agencies.
CHAPTER III---
MONITORING
SEC. 12. Air
Quality Monitoring .-- The National Pollution Control Commission, in
coordination with appropriate government agencies, shall establish to the greatest
extent practicable an air quality monitoring network. Such air quality monitoring
network shall to put maximum use the capabilities of these agencies.
The National Environmental Protection Council shall be furnished with the results
of air quality monitoring activities.
SEC. 13. Weather Modification .--The Philippine Atmospheric,
Geophysical and Astronomical Service Administration shall monitor regularly
meteorological factors affecting environmental conditions in order to effectively
guide air pollution monitoring activities.
Activities relating to weather modification such as rainfall stimulation and
storm seeding experiments shall be undertaken in consultation and / or in coordination
with the Philippine Atmospheric, Geophysical and Astronomical Services Administration.
TITLE II-- WATER QUALITY MANAGEMENT
SEC. 14. Purpose .--It is the purpose of this Title to prescribe
management guidelines aimed to protect and improve the quality of Philippine
water resources through:
a) classification of Philippine Waters;
b) Establish of water quality standards;
c) protection and improvement of the quality of the Philippine water resources,
and
d) responsibilities for surveillance and mitigation of pollution incidents.
CHAPTER I-- CLASSIFICATION
AND STANDARDS
SEC. 15. Classification
of Philippine Waters.-- The National Pollution Control Commission, in
coordination with appropriate government agencies, shall classify Philippine
waters, according to their Best usage. In classifying said waters, the National
Pollution Control Commission shall take into account, among others, the following:
a) the existing quality of the body of water at the time of classification;
b) the size, depth, surface area covered, volume, direction, rate of flow gradient
of stream; and
c) the most beneficial uses of said bodies of water and lands bordering them
for residential, agriculture, commercial, industrial, navigational, recreational
and aesthetic purposes.
SEC. 16. Reclassification of Waters Based on Intended
Beneficial Use .--Where the public interest so requires, the National
Pollution Control Commission, in coordination with appropriate government agencies,
shall reclassify a body of water Based on the intended beneficial use and take
such steps as may be necessary to upgrade the quality of said water. other government
agencies may adopt higher standards for a particular body of water subject to
the approval of the National Pollution Control Commission.
SEC. 17. upgrading of Water Quality .--Where the quality
of water has deteriorated to a degree where its state will adversely affect
its best usage, the government agencies concerned shall take such measures as
may be necessary to upgrade the quality of such water to meet the prescribe
water quality standards.
SEC. 18. Water Quality Standards .--The National Pollution
Control Commission shall prescribe quality and effluent standards consistent
with the guidelines set by the National Environmental; protection Council and
the Classification of water s prescribed in the preceding sections, taking into
consideration, among others the following:
a) the standard of water quality or purity may vary according to beneficial
uses; and
b) the technology relating to water pollution control .
CHAPTER II-- PROTECTION
AND IMPROVEMENT OF WATER QUALITY
SEC. 19.
Enforcement and Coordination .--The production, utilization, storage
and distribution of hazardous, toxic and other substances such radioactive materials,
heavy metals, pesticides, fertilizers, and oils, and the disposal, discharges
and dumping of untreated waste water, mine tailings and other substances that
may pollute any body of water of the Philippines resulting from normal operations
of industries, water-borne sources, and other human activities as well as those
resulting from accidental spills and discharges shall be regulated by appropriate
government agencies pursuant to their respective charters and enabling legislations.
In the performance of the above functions, the government agencies concerned
shall coordinate with the National Environmental Protection Council and furnish
the latter with such information as may be necessary to enable it to attain
its objectives under Presidential Decree No. 1121.
SEC. 20 Clean-up Operations .--It shall be
responsibility of the polluter to contain, remove and clean up water pollution
incidents at his own expense. In case of his failure to do so, the government
agencies concerned shall undertake containment, removal and clean-up operations
and expenses incurred in said operations shall be charged against the person
and/or entities responsible for such pollution.
SEC. 21. Water Quality Monitoring and Surveillance
.--The various government agencies concerned with environmental protection shall
establish to the greatest extent practicable a water quality surveillance and
monitoring network with sufficient stations and sampling schedules to meet the
needs of the country. Said water quality surveillance network shall report to
the National Environmental Protection Council the results of these monitoring
activities as the need arises.
TITLE III---LAND USES MANAGEMENT
SEC. 22. Purpose .-- The purpose of this Title
are:
a) to provide a rational, orderly and efficient acquisition , utilization and
disposition of land and its resources in order to derive therefrom maximum benefits;
and
b) to encourage the prudent use and conservation of land resources in order
to prevent an imbalance between the nation's needs and such resources.
SEC. 23. National Land Uses Scheme .-- The
Human Settlements Commission, in coordination with the appropriate agencies
of the government, shall formulate and recommend to the National Environmental
Protection Council a land uses scheme consistent with the purpose of this title.
The Land Use Scheme shall include among others, the following :
a) a science-based and technology-oriented land inventory and classification
system;
b) a determination of present land uses, the extent to which they are utilized,
underutilized, rendered idle or abandoned;
c) a comprehensive and accurate determination of the adaptability of the land
for community development, agriculture, industry, commerce and other fields
of endeavor ;
d) a method of identification of areas where uncontrolled development could
result in irreparable damage to important historic, cultural, or aesthetic values
or natural systems or processes of national significance;
e) a method for exercising control by the appropriate government agencies over
the uses of land in are of critical environmental concern and are impacted by
public facilities including, but not limited to, airports, highways, bridges,
ports and wharves, buildings and other infrastructure projects:
f) a method to ensure the consideration of regional development and land use
in local regulations;
g) a policy for influencing the location of new communities and methods for
assuring appropriate controls over the use of land around new communities ;
h) a system of controls and regulations pertaining to areas and development
activities designed to ensure that any source of pollution will not be located
where it result in violation of any applicable environmental pollution control
regulations; and
I) a recommended method for the periodic revisions and updating of the national
land use scheme to meet changing conditions.
SEC. 24. Location of Industries .--In the location
of industries, factories, plants, depots and similar industrial establishments,
the regulating or enforcing agencies of the government shall take into consideration
the social, economic, geographic and significant environmental impact of said
establishments.
TITLE IV.-- NATURAL RESOURCES MANAGEMENT AND CONSERVATION
SEC. 25. Purposes.-- The purposes of this Title are:
a) to provide the basic policy on the management and conservation of the country's
natural resources to obtain the optimum benefits therefrom and to preserve the
same for future generations; and
b) to provide general measures through which the aforesaid policy may be carried
out effectively.
CHAPTER I-- FISHERIES
AND AQUATIC RESOURCES
SEC. 26.
Management Policy .--The National government, through the department
of Natural Resources, shal| establish a system of rational exploitation of fisheries
and aquatic resources with the Philippine territory and shall encourage citizen
participation therein to maintain and/or enhance the optimum and continuous
productivity of the same.
SEC. 27. Measures for National Exploitation .--Measures
for the rational exploitation of fisheries and other aquatic resources may include,
but shall not be limited to, the following:
a) undertaking manpower and expertise development ;
b) acquiring the necessary facilities and equipments ;
c) regulating the marketing of threatened species of fish or other aquatic resources;
d) reviewing all existing rules and regulating on the exploitation of fisheries
and aquatic resources with the view of formulating guidelines for the systematic
and effective enforcement thereof; and
e) conserving such vanishing species of fish and aquatic resources such as turtles,
sea snakes, crocodiles, corals, as well as maintaining the mangrove areas ,
marshes and inland waters, coral reef- areas, and islands serving as sanctuaries
for fish and other aquatic life.
CHAPTER II-- WILDLIFE
SEC. 28.
Management Policy.-- The national government, through
the Department of Natural Resources, shall establish a system of rational exploitation
and conservation of wildlife resources and hall encourage citizen participation
in the maintenance and/or enhancement of their continuous productivity.
SEC. 29. Measures for Rational Exploitation
.-- Measures for rational exploitation of wildlife resources may include, but
shall not limited to, the following:
a) regulating the marketing of threatened wildlife resources.
b) reviewing all existing rules and regulations on the exploitation of wildlife
resources with a view of formulating guidelines for the systematic and effective
enforcement thereof; and
c) conserving the threatened species of fauna, increasing their rate of reproduction,
maintaining their original habitat, manipulation, determining bag/creel limits,
population control in relation to the carrying capacity of any given area banning
of indiscriminate and/or destructive means of catching or hunting them.
CHAPTER III---
FORESTRY AND SOIL CONSERVATION
SEC. 30.
Management Policy for Forestry .-- The National government, through
the Department of Natural Resources, shall undertake a system of rational exploitation
of forest resource and shall encourage citizens participation therein to keep
the country's forest resources at maximum productivity at all time.
SEC. 31. Measures for Rational Exploitation of Forest
Resources .--Measures for the rational exploitation of forest resources
may include, but shall not be limited to the following:
a) regulating the marketing of threatened forest resources;
b) reviewing all existing rules and regulations on the exploitation of forest
resources with a view of formulating guidelines for the systematic and efficient
enforcement thereof
c) conserving threatened species of flora as well as increasing their rate of
propagation; the banning of destructive modes of exploitation, kaingin making
or shifting cultivation's, indiscriminate harvesting of minor forest products
the recycling methods of waste materials, and
d) Carrying out a continuing effect on reforestation; timber stand improvement;
forest protection; and classifications; forest occupancy management ; agri-silvicultural;
range management; agri-silvicultural/kaingin management ; industrial tree plantation;
parks and wildlife management; multiple use forest ; timber management and forest
research.
SEC. 32. Use of Fertilizers and Pesticides
.--The use of fertilizers and pesticides in agriculture shall be regulated prescribing
therefor a tolerance level in their use. Their use shall be monitored by appropriate
government agencies to provide empirical data for effective regulation.
SEC. 33. Management Policy on Soil Conservation .-- The
national government, through the department of Natural Resources and the Department
of Agriculture, shall likewise undertake a soil conservation program including
therein the identification and protection of critical watershed areas, encouragement
of scientific farming techniques, physical and biological means of soil conservation
, and short-term and long term researches and technology for effective soil
conservation.
CHAPTER IV-- FLOOD
CONTROL AND NATURAL CALAMITIES
SEC. 34. Measures
in Flood Control Program .-- In addition to the pertinent provisions
of existing laws. the following shall be included in a soil erosion, sediment
and flood control program:
a) the control of soil erosion on the banks of rivers, the shores of lakes,
and the seashore;
b) the control of flow and flooding in and from rivers and lakes
c) the conservation of water which, for purposes of this section shall mean
forms of water, but shall not include captive water;
d) the needs of fisheries and wildlife and all other recreational uses of natural
water;
e) measures to control the damming, diversion, taking, and use of natural water,
so far as any such act may affect the quality and availability of natural water
for other purposes; and
f) measures to stimulate research in matters relating to natural water and soil
conservation and the application of knowledge thereby acquired.
SEC. 35. Measures to Mitigate Destructive Effects
of Calamities .-- The national government, through the Philippine Atmospheric,
shall promote intensified and concerted research efforts on weather modification,
typhoon, earthquake, tsunami, storm surge, and other tropical natural phenomena
in order to bring about any significant effect to mitigate or prevent their
destructive effects.
CHAPTER V---
ENERGY DEVELOPMENT
SEC. 36. POLICY.---
Consistent with the environmental protection policies, the national government,
through the Energy Development Board, shall undertake an energy development
program encouraging therein the utilization of invariant sources such as solar,
wind and tidal energy.
SEC. 37. Measures for Energy Development .--Measures
for energy development program may include, but shall not limited to, following:
a) setting up to pilot plants utilizing invariant sources of energy ;
b) training of technical personnel for purposes of energy development ; and
c) conducting researches aimed at developing technology for energy development.
SEC. 38. Safety Measures on Energy Development .--Rules
and regulation shall be promulgated to prevent or mitigate the adverse effects
of energy development on the environment. For this purpose, all nuclear powered
plants exploring and utilizing geothermal energy, whether owned or controlled
by private or government entities shall:
a) observe internationally accepted standards of safety ; and
b) provide safety devices to ensure the health and welfare of their personnel
as well as the surrounding community.
CHAPTER VI ---
CONSERVATION AND UTILIZATION OF SURFACE AND GROUND WATERS
SEC. 39. MANAGEMENT POLICY .--In addition to existing laws,
the national government through the National Water Resources Council in coordination
with other appropriate government agencies, shall prescribe measures for the
conservation and improvement of the quality of Philippine water resources and
provides for the prevention, control and abatement of water pollution.
CHAPTER VII--
MINERAL RESOURCES
SEC. 40. Management Policy .--The national government, through
the Department of Natural Resources, shall undertake a system of gainful exploitation
and rational and efficient utilization of mineral resources and shall encourage
citizens participation in this endeavor.
SEC. 41. Measures for Exploitation and Utilization of Mineral Resources.-- Measures
for the gainful exploitation and rational and efficient utilization of such
mineral resources may include, but shall not be limited to, the following:
a) increasing research and development in mineral resources technology ;
b) training of additional technical manpower needed in geology, geophysics,
mining engineering, and related fields;
c) regulating the exploitation of identified mineral reserves :
d) accelerating the exploration of undiscovered mineral deposits; and
e) encouraging the establishment of processing plants for refined metals.
SEC. 42. Purposes .-- The purposes of this
Title are:
a) to set guidelines for waste management with a view to ensuring its effectiveness:
b) to encourage, promote and stimulate technological, educational, economic
and social efforts to prevent environmental damage and unnecessary loss of valuable
resources of the nation through recovery, recycling and reuse of wastes and
waste products; and
c) to provide measures to guide and encourage appropriate government agencies
in establishing sound, efficient, comprehensive and effective waste management.
CHAPTER I-- ENFORCEMENT
AND GUIDELINES
SEC. 43. Waste
Management Programs .--Preparation and implementation of waste management
programs shall be required of all provinces, cities and municipalities. The
Department of Local Government and Community Development shall promulgate guidelines
for the formulation and establishment of waste management programs. Every waste
management program shall include the following:
a) an orderly system of operation consistent with the needs of the area concerned;
b) a provision that the operation will not crate pollution of any kind or will
constitute public nuisance;
c) a system for a safe and sanitary disposal of waste;
d) a provision that existing plans affecting the development, use and protection
of air, water or natural resources shall be considered;
e) schedules and methods of implementing the development, construction and operation
of the plan together with the estimated costs; and
f) a provision for the periodic revision of the program to ensure its effective
implementation.
SEC. 44. Responsibility of Local Governments
.--Each province, city or municipality shall provide measures to facilitate
the collection, transportation, Processing and disposal of waste within its
jurisdiction in coordination with other government agencies concerned. For this
purpose, the national government shall provide the necessary subsidy , to local
governments upon request made through the National Environmental Protection
Council and subject to such terms and conditions as the latter may provide.
CHAPTER II-- METHODS OF SOLID WASTE DISPOSAL
SEC. 45. Solid
Waste Disposal .--Solid waste disposal shall be by sanitary landfill,
incineration, composting, and other methods as may be approved by competent
government authority.
SEC. 46. Sanitary Landfills .-- Local governments, including
private individuals, corporations or organizations may operate one or more sanitary
landfill. Any entity proposing to operate a sanitary and landfill shall submit
to the appropriate government agency an operational work plan showing, among
other things, a map of the proposed work location, disposal areas for rubbish,
garbage, refuse and other waste matter; and the equipment or machinery needed
to accomplish its operations. In no case shall landfill or work locations under
this section be located along any shore or coastline. or along the banks of
rivers and streams, lakes, throughout their entire length, in violation of any
existing rules and regulations.
SEC. 47. Incineration and Composting Plants .-- The installation
and establishment of incineration of composting or composting plants or the
alteration/modification of any part thereof shall be regulated by the local
governments concerned in coordination with the National Pollution Control Commission.
SEC. 48. Disposal Sites .--The location of solid waste disposal
sites shall conform with existing zoning; land use standards, and pollution
control regulations.
SEC. 49. Dumping into the Sea and other Navigable Waters
.--The dumping or disposal of solid wastes into the sea and any body of water
in the Philippines, including shorelines and river banks, where these waste
are likely to be washed into the water is prohibited. However, dumping of solid
wastes or other materials into the sea or any navigable waters shall be permitted
in case of immediate or imminent danger to life and property.
Subject to the rules and regulations of the Philippine Coast Guard and the National
Pollution Control Commission.
Government agencies and private entities which are undertaking solid waste management
programs shall make consultations with the governments agencies concerned with
respect to the effects of such dumping of the marine environment and navigation.
CHAPTER III---METHODS
OF LIQUID WASTE DISPOSAL
SEC. 50. Liquid
Waste Disposal .-- Wastewater from manufacturing plants, industries,
community, or domestic sources shall be treated either physically, biologically
or chemically prior to disposal I accordance with the rules and regulations
promulgated by proper government authority.
SEC. 51. Applicability of Sec. 8. -- The provisions of Sec.
8--hereof shall likewise apply to the dumping or disposal of liquid waste into
the sea and other bodies of water.
TITLE VI-- MISCELLANEOUS PROVISIONS
SEC. 52. Population-Environment Balance .--In the assessment
of development projects, the National Environmental Protection council, hereinafter
referred to in this Title as the "Council " shall take into consideration their
effect on population with a view to achieving a rational and orderly balance
between man and his environment.
SEC. 53. Environment Education .--The Department
of Education and culture shall integrate subjects on environmental education
in its school curricula at all levels.
It shall also endeavor to conduct special community education emphasizing the
relationship of man and nature as well as environmental sanitation and practices.
The Council and other government agencies implementing environmental protection
laws in coordination with public information agencies of the government shall
undertake public information activities for the purpose of stimulating awareness
and encouraging involvement in environmental protection.
SEC. 54. Environmental Research .--The Council
shall undertake and/or promote continuing studies and research programs on environmental
management and shall, from time to time, determine priority areas of environmental
research.
SEC. 55. Monitoring and Dissemination of environmental Information
of foreign Origin .--The Council shall itself informed of current environmental
developments by obtaining information and literature from foreign sources through
the Department of Foreign Affairs, government agencies and other entities, both
domestic and foreign. such information and literature shall be given the widest
dissemination possible.
SEC. 56. Incentives .--To operate the installation and the
utilization of pollution control facilities, the following incentives are hereby
granted:
a) exemption to the extent of fifty (50) percent of tariff duties and compensating
tax for the importation of pollution control equipment, devices, spare parts
and accessories for a period of five (5) years from the effectivity of this
Decree subject to the conditions that will be imposed by the council.
b) a tax credit equivalent to fifty (50) percent of the value of the compensating
tax and tariff duties that would have been paid on the pollution control equipment,
devices, spare parts and accessories had these times been imported shall, within
a period of seven (7) years from the effectivity of this Decree be given to
the person or firm who or which purchases them from a domestic manufacturer,
and another tax credit equivalent to twenty-five (25) percent thereof shall
be given to the said manufacturer subject to such condition as may be imposed
by the council ; and
c) deduction equivalent to fifty (50) percent of the expenses actually incurred
on research projects undertaken to develop technologies for the manufacture
of pollution control equipment which have been proven effective and commercially
reproducible, from the taxable income of the person or firm actually undertaking
such projects to the conditions that may be imposed by the council.
The pollution control equipment, devices, spare parts and accessories acquired
under this section shall not be sold, transferred or disposed of within five
(5) years from the date of acquisition without the prior approval of the Council
otherwise the importer or purchaser shall pay twice the amount of the tax exemption
or tax credit granted.
SEC. 57. Financial Assistance / Grant .-- Financial assistance
/ grant for the study, design and construction of environmental protection facilities
especially for waste disposal in favor of cities, municipalities, small-and
medium-scale disposal industries may be granted on a case to case basis subject
to such conditions as may be imposed be the Council.
SEC. 58. Participation of Local Government Units and
Private Individuals .--It shall be the responsibility of local government
units as well as private individuals to actively participate in the environmental
management and protection programs of the government.
SEC. 59. Preservation of Historic and Cultural resources and Heritage
.--It shall be the duty of every person to help preserve the historic and cultural
resources of the country such as sites, structures, artifacts, documents, object,
memorials and priceless trees.
SEC. 60. Government Offices performing Environmental Protection
Functions .--Government agencies vested by law to exercise environmental
management powers, shall continue to function as such within their respective
jurisdictions. The Council may, however, in the exercise of its powers and functions
under Presidential Decree No. 1121 inquire into any action or issue of environmental
significance.
SEC. 61. Public Hearings .--The council may, when ever it
deems necessary, conduct public hearings on issues of environmental significance.
SEC. 62. Definition of Terms .-- As used in the code :
a) " Ambient Air Quality " means the average atmospheric purity as distinguished
from discharge measurements taken at the source of pollution. It is the general
amount of pollution present in a broad area.
b) " Emission" means the act of passing into the atmosphere an air contaminant,
pollutant, gas stream and unwanted sound from a known source.
c) " Water Quality " means the characteristics of water which define its use
in terms of physical, chemical and biological contents ; hence the quality of
water for domestic use is different from industrial use.
d) " Water Quality Surveillance " means a close and continuous supervision of
the water quality to detect developments, movements on changes in the characteristic
of the water.
e) " water quality standards " means a plan that is established by governmental
authority as a program for water pollution prevention and abatement. Such a
standard may include water use classification and the criteria to support the
uses of the water.
f) "Effluent Standards" means restriction established to limit levels of concentration
of physical, chemical and biological constituents which are discharged from
point sources .
g) "Clean- up Operations" refers to activities conducted in removing the pollutants
discharged or spilled in water to restore it to pre-spill condition.
h) " Accidental Spills " refers to spills of oil or other hazardous substances
in water that result from accidents involving the carriers of such substance
such as collisions and grounding.
I) " Areas of Critical Environmental Concern " are areas where uncontrolled
development could result in irreparable damage to important historic, cultural,
or aesthetic values or natural systems or processes of national significance.
j) " Hazardous Substances " means elements or compounds which when discharged
in any quantity present imminent or substantial danger to public health and
welfare.
k) " Areas Impacted by Public Facilities " refers to areas where the introduction
of public facilities may tend to induce development and urbanization of more
than local significance of impact.
l) " Environmental Impact " is the alteration, to any degree, of environmental
conditions or the creation of a new set of environmental conditions, adverse
or beneficial, to be induced or caused by a proposed project.
m) " Government Agencies " refers to national, local and regional agencies and
instrumentalities including government owned and controlled corporations.
TITLE VII-- FINAL PROVISIONS
SEC. 63. Separability of Provisions .-- If any provision
of this code, or the application of such provisions to any person or circumstances,
is declared unconstitutional, the remainder of the Code or the application of
such provision to other persons or circumstances shall not be affected by such
declaration.
SEC. 64. Effectivity --- This code shall take effect upon its approval.
Done in the city of Manila, this 6th day of June year of our Lord, nineteen
hundred and seventy -seven.
(Sgd.) FERDINAND E. MARCOS
President of the Philippines
By the President :
(Sgd.) JUAN C. TUVERA
Presidential Assistant
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