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Quasi-JudicialA framework or procedure under the auspices of a State’s judicial branch or tribal court in which court officers other than judges process, establish, enforce and modify support orders, usually subject to judicial review. The court officer may be a magistrate, a clerk, master, or court examiner. He or she may or may not have to be an attorney, depending on the State or tribal law. Question: What is the difference between judicial, quasi-judicial, and administrative processes? Too add to the question, let's say you have a judge who renders decisions based on hearsay evidence, without finding of fact or conclusions of law. Would that be considered judicial, quasi-judicial, or administrative process, or would that be considered acting outside of their subject matter jurisdiction. Most importantly, would it be considered enforceable or void? Question: why is it said that what occurs is an administative agency adjudication is quasi-judicial? why is it said that what occurs is an administative agency adjudication is quasi-judicial? Question: In a quasi judicial enquiry can a new prosecution witness be introduced in addition to the listed PWs ? In the central vigilance manual it is stated that the Inquiry Officer may, in his discretion, allow the presenting officer to produce new oral or decumentray evidence not included in the lists of documents and witnesses given to the Government servant with the articles of charge. Now it has been argued by party that it will be trated as new addition to the charge sheet which requres the approval of Disciplinary Authority. How far it is correc? Is there any reference or any other rule or judgement available? please state with concret rules. Question: what do you mean by quasi judicial case? Question: Some independent agencies are quasi-legislative and quasi-judicial in that they:? a)discuss rules and regulations for public policy with congress and the courts
b)must enforce laws and decision made by congress and the courts
c)have certain powers to maek laws and rule on conflicts
d)tell congress which laws to pass in regard to their functions Question: Give me your opinion insights and summary or how you understand this..? CHAPTER 1
GENERAL PROVISIONS
Article One
Basic Air Quality Policies
SECTION 1. Short Title. - This Act shall be known as the "Philippine Clean Air Act of 1999".
SECTION 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 of local government units to deal with environmental problems.
The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based.
The State also recognizes the principle that "polluters must pay".
Finally, the State recognizes that a clean and healthy environment is for the good of all and should therefore be the concern of all.
SECTION 3. Declaration of Policies. - The State shall pursue a policy of balancing development and environmental protection. To achieve this end, the frame work for sustainable development shall be pursued. It shall be the policy of the State to:
a. Formulate a holistic national program of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities;
b. Encourage cooperation and self-regulation among citizens and industries through the application of market-based instruments;
c. Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution;
d. Promote public information and education and to encourage the participation of an informed and active public in air quality planning and monitoring; and
e. Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity. This shall include the setting up of a funding or guarantee mechanism for clean-up and environmental rehabilitation and compensation for personal damages.
SECTION 4. Recognition of Rights. - Pursuant to the above-declared principles, the following rights of citizens are hereby sought to be recognized and the State shall seek to guarantee the enjoyment:
a. The right to breathe clean air;
b. The right to utilize and enjoy all natural resources according to the principles of sustainable development;
c. The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and in the decision-making process;
d. The right to participate in the decision-making process concerning development policies, plans and programs projects or activities that may have adverse impact on the environment and public health;
e. The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous substances;
f. The right of access to public records which a citizen may need to exercise his or her rights effectively under this Act;
g. The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and to seek the imposition of penal sanctions against violators of environmental laws;and
h. The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a project or activity.
Article Two
Definition of Terms
SECTION 5. -Definitions.- As used in this Act:
a.) "Air pollutant" means any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the inert gases in their natural or normal concentrations, that is detrimental to health or the environment, which includes but not limited to smoke, dust, soot, cinders, fly ash, solid particles of any king, gases, fumes, chemical mists, steam and radioactive substances;
b.) "Air pollution" means any alteration of the physical, chemical and biological properties of the atmospheric air, or any discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to render the air resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes;
c.) "Ambient air quality guideline values" means the concentration of air over specified periods classified as short-term and long-term which are intended to serve as goals or objectives for the protection of health and/or public welfare. These values shall be used for air quality management purposes such as determining time trends, evaluating stages of deterioration or enhancement o the air quality, and in general, used as basis or taking positive action in preventing, controlling, or abating air pollution;
d.) "Ambient air quality" means the general amount of pollution present in a broad area; and refers to the atmosphere's average purity as distinguished from discharge measurements taken at the source of pollution;
e.) "Certificate of Conformity" means a certificate issued by the Department o Environment and Natural Resources to a vehicle manufacturer/assembler or importer certifying that a particular new vehicle or vehicle type meets the requirements provided under this Act and its rules and regulations;
f.) "Department" means the Department of Environment and Natural Resources;
g.)" Eco-profile" means the geographic-based instrument for planners and decision makers which present an evaluation of the environment quality and carrying capacity of an area. It is the result of the integration of primary data and information on natural resources and antropogenic activities on the land which evaluated by various environmental risk assessment and forecasting methodologies that enable the Department to anticipate the type of development control necessary in the planning area.
h.)" Emission" means any air contaminant, pollutant, gas stream or unwanted sound from a known source which is passed into the atmosphere;
i.) " Greenhouse gases" means those gases that can potentially or can reasonably be expected to induce global warming, which include carbon dioxide, oxides of nitrogen, chloroflourocarbons, and the like;
j.) "Hazardous substances" means those substances which present either : (1) short-term acute hazards such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire explosion; or (2) long-term toxicity upon repeated exposure, carcinogecity (which in some cases result in acute exposure but with a long latent period), resistance to detoxification process such as biodegradation, the potential to pollute underground or surface waters;
k.)" Infectious waste " means that portion of medical waste that could transmit an infectious disease;
l.)" Medical waste" means that materials generated as a result of patient diagnosis, treatment, or immunization of human beings or animals;
m.) " Mobile source" means any vehicle propelled by or thorough combustion of carbon-based or other fuel, constructed and operated principally for the conveyance of persons or the transportation of property goods;
n.) " Motor vehicle" means any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal power, constructed and operated principally for the conveyance of persons or the transportation of property or goods in a public highway or street open to public use;
o.) " Municipal waste" means the waste materials generated from communities within a specific locality;
p)." New vehicle" means a vehicle constructed entirely from new parts that has never been sold or registered with the DOTC or with the appropriate agency or authority, and operated on the highways of the Philippines, any foreign state of country;
q.) " Octane Rating or the Anti-Knock Index(AKI)" means the rating of the anti-knock characteristics of a grade or type of automotive gasoline as determined by dividing by two (2) the sum of the Research Octane Number (RON), plus the Motor Octane Number (MON); the octane requirement, with respect to automotive gasoline for use in a motor vehicle or a class thereof , whether imported, manufactured, or assembled by a manufacturer, shall refer to the minimum octane rating of such automotive gasoline which such manufacturer recommends for the efficient operation of such motor vehicle, or a substantial portion of such class, without knocking;
r.) " Ozone Depleting Substances (ODS)" means those substances that significantly deplete or otherwise modify the ozone layer in a manner that is likely to result in adverse effects of human health and the environment such as , but not limited to , chloroflourocarbons, halons and the like;
s.) "Persistent Organic Pollutants (POPs)" means the organic compounds that persist in the environment, bioaccumulate through the food web, and pose a risk of causing adverse effects to human health and the environment. These compounds resist photolytic, chemical and biological degradation, which shall include but not be limited to dioxin, furan, Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphere and chlordane;
t.) "Poisonous and toxic fumes" means any emissions and fumes which are beyond internationally-accepted standards, including but not limited to the World Health Organization (WHO) guideline values;
u. " Pollution control device " means any device or apparatus used to prevent, control or abate the pollution of air caused by emissions from identified pollution sources at levels within the air pollution control standards established by the Department;
v.) " Pollution control technology" means the pollution control devices, production process, fuel combustion processes or other means that effectively prevent or reduce emissions or effluent;
w.) " Standard of performance " means a standard for emissions of air pollutant which reflects the degree of emission limitation achievable through the application of the best system of emission reduction, taking into account the cost of achieving such reduction and any non-air quality health and environmental impact and energy requirement which the Department determines, and adequately demonstrates; and
x.) " Stationary source" means any building or immobile structure, facility or installation which emits or may emit any air pollutant.
CHAPTER 2
AIR QUALITY MANAGEMENT SYSTEM
Article One
General Provisions
SEC. 6. Air Quality Monitoring and Information Network - The Department shall prepare an annual National Air Quality Status Report which shall be used as the basis in formulating the Integrated Air Quality Improvement Framework, as provided for in Sec. 7. The said report shall include, but shall not be limited to the following:
a.) Extent of pollution in the country, per type of pollutant and per type of source, based on reports of the Department's monitoring stations;
b.) Analysis and evaluation of the current state, trends and projections of air pollution at the various levels provided herein;
c.) Identification of critical areas, activities, or projects which will need closer monitoring or regulation;
d.) Recommendations for necessary executive and legislative action; and
e.) Other pertinent qualitative and quantitative information concerning the extent of air pollution and the air quality performance rating of industries in the country.
The Department, in cooperation with the National Statistical Coordination Board (NSCB), shall design and develop an information network for data storage, retrieval and exchange.
The Department shall serve as the central depository of all data and information related to air quality.
SEC. 7. Integrated Air Quality Improvement Framework.- The Department shall within six (6) months after the effectivity of this Act, establish, with the participation of LGUs, NGOs, POs, the academe and other concerned entities from the private sector, formulate and implement the Integrated Air Quality Improvement Framework for a comprehensive air pollution management and control program. The framework shall, among others, prescribe the emission reduction goals using permissible standards, control strategies and control measures to undertaken within a specified time period, including cost-effective use of economic incentives, managements strategies, collective actions, and environmental education and information.
The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint with which all government agencies must comply with to attain and maintain ambient air quality standards.
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 implement an air quality control action plan consistent with Sec. 7 of this Act. The action plan shall :
a.) Include enforceable emission limitations and other control measures, means or techniques, as well as schedules and time tables for compliance, as may be necessary or appropriate to meet the applicable requirements of this Act;
b.) Provide for the establishment and operation of appropriate devices, methods, systems and procedures necessary to monitor, compile and analyze data on ambient air quality;
c.) Include a program to provide for the following : (1) enforcement of the measures described in subparagraph (a);(2) regulation of the modification and construction of any stationary source within the areas covered by the plan, in accordance with land use policy to ensure that ambient air quality standards are achieved;
d). Contain adequate provisions, consistent with the provisions of this Act, prohibiting any source or other types of emissions activity within the country from emitting any air pollutant in amounts which will significantly contribute to the non-attainment or will interfere with the maintenance by the Department of any such ambient air quality standard required to be included in the implementation plan to prevent significant deterioration of air quality or to protect visibility;
e.) Include control strategies and control measures to be undertaken within a specified time period, including cost effective use of economic incentives, management strategies, collection action and environmental education and information;
f.) Designate airsheds; and
g.)All other measures necessary for the effective control and abatement of air pollution.
The adoption of the plan shall clarify the legal effects on the financial, manpower and budgetary resources of the affected government agencies, and on the alignment of their programs with the plans.
In addition to direct regulations, the plan shall be characterized by a participatory approach to the pollution problem. The involvement of private entities in the monitoring and testing of emissions from mobile and/or stationary sources shall be considered.
Likewise, the LGU's, with the assistance from the Department, shall prepare and develop an action plan consistent with the Integrated Air Quality Improvement Framework to attain and maintain the ambient air quality standards with their respective airsheds as provided in Sec. 9 hereof.
The local government units shall develop and submit to the Department as procedure for carrying out the action plan for their jurisdiction. The Department, however, shall maintain its authority to independently inspect the enforcement procedure adopted. The Department shall have the power to closely supervise all or parts of the air quality action plan until such time the local government unit concerned can assume the function to enforce the standards set by the Department.
A multi-sectoral monitoring team with broad public representation shall be convened by the Department for each LGU to conduct periodic inspections of air pollution sources to assess compliance with emission limitations contained in their permits.
SEC. 9 Airsheds. - Pursuant to Sec. 8 of this Act, the designation of airsheds shall be on the basis of, but not limited to, areas with similar climate, meteorology and topology which affect the interchange and diffusion of pollutants in the atmosphere, or areas which share common interest or face similar development programs, prospects or problems.
For a more effective air quality management, a system of planning and coordination shall be established and a common action plan shall be formulated for each airshed.
To effectively carry out the formulated actions plans, a Governing Board is hereby created, hereinafter referred to as the Board.
The Board shall be headed by the Secretary of the Department of Environment and Natural Resources as chairman. The members shall be as follows:
a.) Provincial Governors from areas belonging to the airshed;
b.) City/Municipal Mayors from areas belonging to the airshed;
c.) A representative from each concerned government agency;
d.) Representatives from people's organizations;
e.) Representatives from non-government organizations; and
f.) Representatives from the private sector.
The Board shall perform the following functions:
a.) Formulation of policies;
b.) Preparation of a common action plan;
c.) Coordination of functions among its members; and
d.) Submission and publication of an annual Air Quality Status Report for each airshed.
Upon consultation with appropriate local government authorities, the Department shall, from time to time, revise the designation of airsheds utilizing eco-profiling techniques and undertaking scientific studies.
Emissions trading may be allowed among pollution sources within an airshed.
SEC. 10. Management of Nonattainment Areas.- The Department shall designate areas where specific pollutants have already exceeded ambient standards as nonattainment areas. The Department shall prepare and implement a program that will prohibit new sources of exceeded air pollutant without a corresponding reduction in existing resources.
In coordination with other appropriate government agencies, the LGUs shall prepare and implement a program and other measures including relocation, whenever necessary, to protect the health and welfare of residents in the area.
For those designated as nonattainment areas, the Department, after consultation with local government authorities, nongovernment organizations (NGOs), people's organizations (POs) and concerned sectors may revise the designation of such areas and expand its coverage to cover larger areas depending on the condition of the areas.
SEC. 11 Air Quality Control Techniques - Simultaneous with the issuance of the guideline values and standards, the Department, through the research and development program contained in this Act and upon consultation with appropriate advisory committees, government agencies and LGUs, shall issue, and from time to time, revise information on air pollution control techniques. Such information shall include:
a.) Best available technology and alternative methods of prevention, management and control of air pollution;
b.) Best available technology economically achievable which shall refer to the technological basis/standards for emission limits applicable to existing, direct industrial emitters of nonconventional and toxic pollutants; and
c.) Alternative fuels, processes and operating methods which will result in the eliminator or significant reduction of emissions.
Such information may also include data relating to the cost of installation and operation, energy requirements, emission reduction benefits, and environmental impact or the emission control technology.
The issuance of air quality guideline values, standards and information on air quality control techniques shall be made available to the general public : Provided, That the issuance of information on air quality control techniques shall not be construed as requiring the purchase of certain pollution control devices by the public.
SECTION 12. Ambient Air Quality Guideline Values and Standards.- The Department, in coordination with other concerned agencies, shall review and or revise and publish annually a list of hazardous air pollutants with corresponding ambient guideline values and / or standard necessary to protect health and safety, and general welfare. The initial list and values of the hazardous air pollutants shall be as follows :
a.) For National Ambient Air Quality Guideline for Criteria Pollutants :
Short Term a
Long Term b
Pollutants µg/Ncm ppm Averaging Time µg/Ncm ppm Averaging Time
Suspended Particulate Matterc-TSP 230d 24 hours 90 -- 1 yeare
-PM-10 150f 24 hours 60 -- 1 yeare
Sulfur Dioxidec 180 0.07 24 hours 80 0.03 1 year
Nitrogen Dioxide 150 0.08 24 hours -- -- --
Photochemical Oxidants 140 0.07 1 hour -- -- ---
As Ozone 60 0.03 8 hours -- -- --
Carbon Monoxide 35 30 1 hour -- -- --
mg/Ncm
10 9 8 hours -- -- --
mg/Ncm
Leadg 1.5 -- 3 monthsg 1.0 -- 1 year
a.Maximum limits represented by ninety-eight percentile (98%) values not to be exceed more than once a year.
b. Arithmetic mean
c. SO2 and Suspended Particulate matter are sampled once every six days when using the manual methods. A minimum of twelve sampling days per quarter of forty-eight sampling days each year is required for these methods. Daily sampling may be done in the future once continuous analyzers are procured and become available.
d. Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50 um.
e. Annual Geometric Mean
f. Provisional limits for Suspended Particulate Matter with mass median diameter less than 10 microns and below until sufficient monitoring data are gathered to base a proper guideline.
g. Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three moving calendar months. The monitored average value for any three months shall not exceed the guideline value.
b) For National Ambient Air Quality Standards for Source Specific Air Pollutants from :
Industrial Sources/ Operations:
Pollutants1
Concentration2
Averaging time (min.)
Method of Analysis/ Measurement3
µ/Ncm ppm
1. Ammonia 200 0.28 30 Nesselerization/ Indo Phenol
2. Carbon Disulfide 30 0.01 30 Tischer Method
3. Chlorine and Chlorine Compounds expressed as Cl2 100 0.03 5 Methyl Orange
4. Formaldehyde 50 0.04 30 Chromotropic acid Method or MBTH Colorimetric Method
5. Hydrogen Chloride 200 0.13 30 Volhard Titration with Iodine Solution
6. Hydrogen Sulfide 100 0.07 30 Methylene Blue
7. Lead 20 30 AASc
8. Nitrogen Dioxide 375,260 0.20,0.14 30,60 Greiss- Saltzman
9. Phenol 100 0.03 30 4-Aminoantiphyrine
10. Sulfur Dioxide 470, 340 0.18, 0.13 30,60 Colorimetric-Pararosaniline
11. Suspended Particulate
Matter-TSP 300 -- 60 Gravimetric
1 Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations may be considered as guides in determining compliance.
2 Ninety- eight percentile (98%) values of 30-minute sampling measured at 250C and one atmosphere pressure.
3 Other equivalent methods approved by the Department may be used.
The basis in setting up the ambient air quality guideline values and standards shall reflect, among others, the latest scientific knowledge including information on :
a) Variable, including atmospheric conditions, which of themselves or in combination with other factors may alter the effects on public health or welfare of such air pollutant;
b) The other types of air pollutants which may interact with such pollutant to produce an adverse effect on public health or welfare; and
c) The kind and extent of all identifiable effects on public health or welfare which may be expected from presence of such pollutant in the ambient air, in varying quantities.
The Department shall base such ambient air quality standards on World Health Organization (WHO) standards, but shall not be limited to nor be less stringent than such standards.
SEC. 13. Emission Charge System. - The Department, in case of industrial dischargers, and the Department of Transportation and Communication (DOTC), in case of motor vehicle dischargers, shall, based on environmental techniques, design, impose on and collect regular emission fees from said dischargers as part of the emission permitting system or vehicle registration renewal system, as the case may be. The system shall encourage the industries and motor vehicles to abate, reduce, or prevent pollution. The basis of the fees include, but is not limited to, the volume and toxicity of any emitted pollutant. Industries, which shall install pollution control devices or retrofit their existing facilities with mechanisms that reduce pollution shall be entitled to tax incentives such as but not limited total credits and/or accelerated depreciation deductions.
SEC. 14 Air Quality Management Fund. - An Air Quality Management Fund to be administered by the Department as a special account in the National Treasury is hereby established to finance containment, removal, and clean-up operations of the Government in air pollution cases, guarantee restoration of ecosystems and rehabilitate areas affected by the acts of violators of this Act, to support research, enforcement and monitoring activities and capabilities of the relevant agencies, as well as to provide technical assistance to the relevant agencies. Such fund may likewise be allocated per airshed for the undertakings herein stated.
The Fund shall be sourced from the fines imposed and damages awarded to the Republic of the Philippines by the Pollution Adjudication Board (PAB), proceeds of licenses and permits issued by the Department under this Act, emission fees and from donations, endowments and grants in the forms of contributions. Contributions to the Fund shall be exempted from donor taxes and all other taxes, charges or fees imposed by the Government.
SEC. 15. Air Pollution Research and Development Program. - The Department, in coordination with the Department of Science and Technology (DOST), other agencies, the private sector, the academe, NGO's and PO's, shall establish a National Research and Development Program for the prevention and control of air pollution. The Department shall give special emphasis to research on and the development of improved methods having industry-wide application for the prevention and control of air pollution.
Such a research and development program shall develop air quality guideline values and standards in addition to internationally-accepted standards. It shall also consider the socio-cultural, political and economic implications of air quality management and pollution control.
ARTICLE TWO
Air Pollution Clearances and Permits for Stationary Sources
Sec. 16. Permits. Consistent with the provisions of this Act, the Department shall have the authority to issue permits as it may determine necessary for the prevention and abatement of air pollution.
Said permits shall cover emission limitations for the regulated air pollutants to help attain and maintain the ambient air quality standards. These permits shall serve as management tools for the LGUs in the development of their action plan.
SEC. 17 Emission Quotas. The Department may allow each regional industrial center that is designated as special airshed to allocate emission quotas to pollution sources within its jurisdiction that qualify under an environmental impact assessment system programmatic compliance program pursuant to the implementing rules and regulations of Presidential Decree No. 1586.
SEC. 18. Financial Liability for Environmental Rehabilitation. As Part of the environmental management plan attached to the environmental compliance certificate pursuant to Presidential Decree No. 1586 and rules and regulations set therefore, the Department shall require program and project proponents to put up financial guarantee mechanisms to finance the needs for emergency response, clean-up rehabilitation of areas that may be damaged during the program or project's actual implementation. Liability for damages shall continue even after the termination of a program or project, where such damages are clearly attributable to that program or project and for a definite period to be determined by the Department and incorporated into the environmental compliance certificate.
Financial liability instruments may be in the form a trust fund, environmental insurance, surety bonds, letters of credit, as well as self-insurance. The choice of the guarantee instruments shall furnish the Department with evidence of availment of such instruments.
ARTICLE THREE
Pollution from Stationary Sources
SEC. 19. Pollution From Stationary Sources.- The Department shall, within two (2) years from the effectivity of this Act, and every two (2) years thereafter, review, or as the need therefore arises, revise and publish emission standards, to further improve the emission standards for stationary sources of air pollution. Such emission standards shall be based on mass rate of emission for all stationary source of air pollution based on internationally accepted standards, but not be limited to, nor be less stringent than such standards and with the standards set forth in this section. The standards, whichever is applicable, shall be the limit on the acceptable level of pollutants emitted from a stationary source for the protection of the public's health and welfare.
With respect to any trade, industry, process and fuel-burning equipment or industrial plant emitting air pollutants, the concentration at the point of emission shall not exceed the following limits:
Pollutants
Standard Applicable to Source
Maximum Permissible Limits (mg/Ncm)
Method of Analysisa
1. Antimony and Its compounds any source 10 as Sb AASb
2. Arsenic and its compounds Any source 10 as As AASb
3. Cadmium and its compounds Any source 10 as Cd AASb
4. Carbon Monoxide Any industrial Source 500 as CO Orsat analysis
5. Copper and its Compounds Any industrial source 100 ax Cu AASb
6. Hydrofluoric Acids and Fluoride compounds Any source other than the manufacture of Aluminum from Alumina 50 as HF Titration with Ammonium Thiocyanate
7. Hydrogen Sulfide i) Geothermal Power Plants c.d Cadmium Sulfide Method
ii) Geothermal Exploration and well-testing e
iii) Any source other than (i) and (ii) 7 as H2S Cadmium Sulfide Method
8. Lead Any trade, industry or process 10 as Pb AASb
9. Mercury Any Source 5 as elemental Hg AASb/Cold-Vapor Technique or Hg Analyzer
10. Nickel and its compounds, except Nickel Carbonyl f Any source 20 as Ni AASb
11. NOx i) Manufacture of Nitric Acid 2,000 as acid and NOx and calculated as NO2 Phenol-disulfonic acid Method
ii) Fuel burning steam generators Phenol-disulfonic acid Method
Existing Source 1,500 as NO2
New Source
• Coal-Fired 1,000 as NO2
• Oil-Fired 500 as NO2
iii) Any source other than (i) adn (ii) Phenol-disulfonic acid Method
Existing Source 1000 as NO2
New Source 500 as NO2
12. Phosphorus Pentoxideg Any source 200 as P2O5 Spectrophotometry
13. Zinc and its Compounds Any source 100 as Zn AASb
a Other equivalent methods approved by the Department may be used.
b Atomic Absorption Specttrophotometry
c All new geothermal power plants starting construction by 01 January 1995 shall control HsS emissions to not more than 150 g/GMW-Hr
d All existing geothermal power plants shall control HsS emissions to not more than 200 g/GMW-Hr within 5 years from the date of effectivity of these revised regulations.
e Best practicable control technology for air emissions and liquid discharges. Compliance with air and water quality standards is required.
f Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm.
g Provisional Guideline
Provided, that the maximum limits in mg/ncm particulates in said sources shall be :
1. Fuel Burning Equipment
a) Urban or Industrial Area 150 mg/Ncm
b) Other Area 200 mg/Ncm
2. Cement Plants (Kilns, etc.) 150 mg/Ncm
3. Smelting Furnaces 150 mg/Ncm
4. Other Stationary Sourcesa 200 mg/Ncm
a Other Stationary Sources means a trade, process, industrial plant, or fuel burning equipment other than thermal power plants, industrial boilers, cement plants, incinerators and smelting furnaces.
Provided, further, that the maximum limits for sulfur oxides in said sources shall be :
(1) Existing Sources
(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 2.0gm.Ncm as SO3
(ii) Fuel burning Equipment 1.5gm.Ncm as SO2
(iii) Other Stationary Sourcesa 1.0gm.Ncm as SO3
(2) New Sources
(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 1.5 gm.Ncm as SO3
(ii) Fuel Burning Equipment 0.7 gm.Ncm as SO2
(iii) Other Stationary Sourcesa 0.2 gm.Ncm as SO3
a Other Stationary Sources refer to existing and new stationary sources other than those caused by the manufacture of sulfuric acid and sulfonation process, fuel burning equipment and incineration.
For Stationary sources of pollution not specifically included in the immediately preceding paragraph, the following emission standards shall not be exceeded in the exhaust gas :
I. Daily And Half Hourly Average Values
Daily Average Values
Half Hourly Average Values
Total dust 10 mg/m3 30 mg/m3
Gaseous and vaporous organic substances, expressed as total organic carbon 10 mg/m3 20 mg/m3
Hydrogen chloride (HCl) 10 mg/m3 60 mg/m3
Hydrogen fluoride (HF) 1 mg/m3 4 mg/m3
Sulfur dioxide (SO2) 50 mg/m3 200 mg/m3
Nitrogen monoxide (NO) and Nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity exceeding 3 tonnes per hour 200 mg/m3 400 mg/m3
Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity of 3 tonnes per hour or less 300 mg/m3
Ammonia 10 mg/m3 20 mg/m3
II. All the Average Values over the Sample Period of a Minimum of 4 and Maximum of 8 Hours.
Cadmium and its compounds, expressed as cadmium (Cd) total 0.05
Thallium and its compounds, expressed as thallium (Tl) mg/m3
Mercury and its Compounds, expressed as mercury (Hg) 0.05 mg/m3
Antimony and its compounds, expressed as antimony (Sb)
Arsenic and its compounds, expressed as arsenic (As) total 0.5 mg/m3
Lead and its compounds, expressed as lead ( Pb)
Chromium and its compounds, expressed as chromium (Cr)
Cobalt and its compounds, expressed as cobalt (Co)
Copper and its compounds, expressed as copper (Cu)
Manganese and its compounds, expressed as manganese (Mn)
Nickel and its compounds, expressed as nickel (Ni)
Vanadium and its compounds, expressed as vanadium (V)
Tin and its compounds, expressed as tin (Sn)
These average value cover also gaseous and the vapor forms of the relevant heavy metal emission as well as their compounds. Provided, that the emission of dioxins and furans into the air shall be reduced by the most progressive techniques. Provided, further that all average of dioxin and furans measured over the sample period of a minimum of 5 hours and maximum of 8 hours must not exceed the limit value of 0.1 nanogram/m3.
Pursuant to Sec. 8 of this Act, the Department shall prepare a detailed action plan setting the emission standards or standards of performance for any stationary source the procedure for testing emissions for each type of pollutant, and the procedure for enforcement of said standards.
Existing industries, which are proven to exceed emission rates established by the Department in consultation with stakeholders, after a thorough, credible and transparent measurement process shall be allowed a grace period of eighteen (18) months for the establishment of an environmental management system and the installation of an appropriate air pollution control device : Provided, That an extension of not more than twelve (12) months may be allowed by the Department on meritorious grounds.
SEC. 20 Ban on Incineration.- Incineration , hereby defined as the burning of municipal, biomedical and hazardous waste, which process emits poisonous and toxic fumes is hereby prohibited; Provided, however, That the prohibition shall not apply to traditional small-scale method of community/neighborhood sanitation "siga", traditional, agricultural, cultural, health, and food preparation and crematoria; Provided, further, That existing incinerators dealing with a biomedical wastes shall be out within three (3) years after the effectivity of this Act; Provided, finally, that in the interim, such units shall be limited to the burning of pathological and infectious wastes, and subject to close monitoring by the Department.
Local government units are hereby mandated to promote, encourage and implement in their respective jurisdiction a comprehensive ecological waste management that includes waste segregation, recycling and composting.
With due concern on the effects of climate change, the Department shall promote the use of state-of-the-art, environmentally-sound and safe non-burn technologies for the handling, treatment, thermal destruction, utilization, and disposal of sorted, unrecycled, uncomposted, biomedical and hazardous wastes.
ARTICLE FOUR
Pollution from Motor Vehicles
Sec. 21. Pollution from Motor Vehicles. a) The DOTC shall implement the emission standards for motor vehicles set pursuant to and as provided in this Act. To further improve the emission standards, the Department shall review, revise and publish the
standards every two (2) years, or as the need arises. It shall consider the maximum limits for all major pollutants to ensure substantial improvement in air quality for the health, safety and welfare of the general public.
The following emission standards for type approval of motor vehicles shall be effective by the year 2003:
a.) For light duty vehicles, the exhausts emission limits for gaseous pollutants shall be:
Emission Limits for Light Duty Vehicles
Type Approval
(Directive 91/441/EEC)
CO
(g/km)
HC + NOx
(g/km)
PMa
(g/km)
2.72
0.97 0.14
a for compression-ignition engines only
b) For light commercial vehicles, the exhaust emission limit of gaseous pollutants as a function of the given reference mass shall be :
Reference Weight (RW) (kg)
CO (g/km)
HC + NOx (g/km)
PMa (g/km)
Category 1 1250< RW 2.72 0.97 0.14
Category 2 1250< RW<1700 5.17 1.4 0.19
Category 3 RW>1700 6.9 1.7 0.25
a for compression-ignition engines only
c.) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants shall be :
Emission Limits for Heavy Duty Vehicles
Type Approval
(Directive 91/542/EEC)
CO
(g/k/Wh)
HC
(g/k/Wh)
NOx
(g/k/Wh)
PM
(g/k/Wh)
4.5
1.1
8.0
0.36a
a In the case of engines of 85 kW or less, the limit value for particular emissions in increased by multiplying the quoted limit by a coefficient of 1.7
Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 grams hydrocarbons per test. Likewise, it shall not allow any emission of gases from crankcase ventilation system into the atmosphere.
b.) The Department, in collaboration with the DOTC, DTI and LGUs, shall develop an action plan for the control and management of air pollution from motor vehicles consistent with the Integrated Air Quality Framework. The DOTC shall enforce compliance with the emission standards for motor vehicles set by the Department. The DOTC may deputize other law enforcement agencies and LGUs for this purpose. To this end, the DOTC shall have the power to :
(1) Inspect and monitor the emissions of motor vehicles ;
(2) Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area or street at specified times; and
(3) Authorize private testing emission testing centers duly accredited by the DTI.
c.) The DOTC, together with the DTI and the Department, shall establish the procedures for the inspection of motor vehicles and the testing of their emissions for the purpose of determining the concentration and/or rate of pollutants discharged by said sources.
d.) In order to ensure the substantial reduction of emissions from a motor vehicles, the Department of Trade and Industry (DTI), together with the DOTC and the Department shall formulate and implement a national motor vehicle inspection and maintenance program that will promote efficient and safe operation of all motor vehicles. In this regard, the DTI shall develop and implement standards and procedures for the certification of training institutions, instructors and facilities and the licensing of qualified private service centers and their technicians as prerequisite for performing the testing, servicing, repair and the required adjustment to the vehicle emission system. The DTI shall likewise prescribe regulations requiring the disclosure of odometer readings and the use of tamper-resistant odometers for all motor vehicles including tamper-resistant fuel management systems for the effective implementation of the inspection and maintenance program.
SEC. 22 Regulation of All Motor Vehicles and Engines. Any imported new or locally-assembled new motor vehicle shall not be registered unless it complies with the emission standards set pursuant to this Act, as evidenced by a Certificate of Conformity (COC) issued by the Department.
Any imported new motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission standards set pursuant to this Act.
Any imported used motor vehicle or rebuilt motor vehicle using new or used engines, major parts or components shall not be registered unless it complies with the emission standards.
In case of non-compliance, the importer or consignee may be allowed to modify or rebuild the vehicular engine so it will be in compliance with applicable emission standards.
No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the emission testing requirement promulgated in accordance with this Act. Such testing shall be conducted by the DOTC or its authorized inspection centers within sixty (60) days prior to date of registration.
The DTI shall promulgate the necessary regulations prescribing the useful life of vehicles and engines including devices in order to ensure that such vehicles will conform to the emissions which they were certified to meet. These regulations shall include provisions for ensuring the durability of emission devices.
SEC. 23. Second-Hand Motor Vehicle Engines. Any imported second-hand motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission standards set pursuant to this Act.
ARTICLE FIVE-
Pollution from Other Sources
SEC. 24 Pollution from smoking. Smoking inside a public building or an enclosed public place including public vehicles and other means of transport or in any enclosed area outside of one's private residence, private place of work or any duly designated smoking area is hereby prohibited under this Act. This provision shall be implemented by the LGUs.
SEC. 25. Pollution from other Mobile Sources. The Department, in coordination with appropriate agencies, shall formulate and establish the necessary standards for all mobile sources other than those referred to in Sec. 21 of this Act. The imposition of the appropriate fines and penalties from these sources for any violation of emission standards shall be under the jurisdiction of the DOTC.
CHAPTER 3
FUELS, ADDITIVES, SUBSTANCES AND POLLUTANTS
Article One-
Fuels, Additives and Substances
SEC. 26 Fuels and Additives. Pursuant to the Air Quality Framework to be established under Section 7 of this Act, the Department of Energy (DOE), co-chaired by the Department of Environment and Natural Resources (DENR), in consultation with the Bureau of Product Standards (BPS) of the DTI, the DOST, the representatives of the fuel and automotive industries, academe and the consumers shall set the specifications for all types of fuel and fuel-related products, to improve fuel composition for increased efficiency and reduced emissions; Provided, however, that the specifications for all types of fuel and fuel-related products set-forth pursuant to this section shall be adopted by the BPS as Philippine National Standards (PNS).
The DOE, shall also specify the allowable content of additives in all types of fuels and fuel-related products. Such standards shall be based primarily on threshold levels of health and research studies. On the basis of such specifications, the DOE shall likewise limit the content or begin that phase-out of additives in all types of fuels and fuel-related products as it may deem necessary. Other agencies involved in the performance of this function shall be required to coordinate with the DOE and transfer all documents and information necessary for the implementation of this provision.
Consistent with the provisions of the preceding paragraphs under this section, it is declared that :
a. not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into commerce unleaded premium gasoline fuel which has an anti-knock index (AKI) of not less that 87.5 and Reid vapor pressure of not more than 9 psi. Within six (6) months after the effectivity of this Act, unleaded gasoline fuel shall contain aromatics not to exceed forty-five percent (45%) by volume and benzene not to exceed four percent (4%) by volume; Provided, that by year 2003, unleaded gasoline fuel should contain aromatics not to exceed thirty-five percent (35%) by volume and benzene not to exceed two percent (2%) by volume;
b. not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture, import, sell, supply , offer for sale, dispense, transport or introduce into commerce automotive diesel fuel which contains a concentration of sulfur in excess of 0.20% by weight with a cetane number of index of not less than forty-eight (48); Provided, That by year 2004, content of said sulfur shall be 0.05% by weight ; and
c. not later than eighteen (18) months after the effectivity of this Act, no Person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into commerce industrial diesel fuel which contains a concentration of sulfur in excess of 0.30% (by weight).
Every two (2) years thereafter or as the need arises, the specifications of unleaded gasoline and of automotive and industrial diesel fuels shall be reviewed and revised for further improvement in formulation and in accordance with the provisions of this Act.
The fuels characterized above shall be commercially available. Likewise, the same shall be the reference fuels for emission and testing procedures to be established in accordance with the provisions of this Act.
Any proposed additive shall not in any way increase emissions of any of the regulated gases which shall include, but not limited to carbon monoxide, hydrocarbons, and oxides of nitrogen and particulate matter, in order to be approved and certified by the Department.
SEC. 27. Regulation of Fuels and Fuel Additives.- The DOE, in coordination with the Department and the BPS, shall regulate the use of any fuel or fuel additive. No manufacturer, processor or trader of any fuel or additive may import, sell, offer for sale, or introduce into commerce such fuel for additive unless the same has been registered with the DOE. Prior to registration, the manufacturer, processor or trader shall provide the DOE with the following relevant information:
a. Product identity and composition to determine the potential health effects of such fuel additives;
b. Description of the analytical technique that can be used to detect and measure the additive in any fuel ;
c. Recommended range of concentration; and
d. Purpose in the use of the fuel and additive.
SEC. 28 Misfueling. In order to prevent the disabling of any emission control device by lead contamination, no person shall introduce or cause or allow the introduction of leaded gasoline into any motor vehicle equipped with a gasoline tank filler inlet and labeled " unleaded gasoline only ". This prohibition shall also apply to any person who knows or should know that such vehicle is designed solely for the use of unleaded gasoline.
SEC. 29. Prohibition on Manufacture. Import and Sale of leaded Gasoline and of Engines and/or Components Requiring Leaded Gasoline. Effective not later than eighteen (18) months after the enactment of this Act, no person shall manufacture, import, sell, offer for sale, introduce into commerce, convey or otherwise dispose of , in any manner leaded gasoline and engines and components requiring the use of leaded gasoline.
For existing vehicles, the DTI shall formulate standards and procedures that will allow non-conforming engines to comply with the use of unleaded fuel within five(5) years after the effectivity of this Act.
Article Two
Other Pollutants
SEC. 30. Ozone-Depleting Substances. Consistent with the terms and conditions of the Montreal Protocol on Substances that Deplete the Ozone Layer and other international agreements and protocols to which the Philippines is a signatory, the Department shall phase out ozone-depleting substances.
Within sixty (60) days after the enactment of this Act, the Department shall publish a list of substances which are known to cause harmful effects on the stratospheric ozone layer.
SEC. 31. Greenhouse Gases. The Philippine Atmospheric, Geophysical and Astronomical Service Administration (PAGASA) shall regularly monitor meteorological factors affecting environmental conditions including ozone depletion and greenhouse gases and coordinate with the Department in order to effectively guide air pollution monitoring and standard-setting activities.
The Department, together with concerned agencies and local government units, shall prepare and fully implement a national plan consistent with the United Nations Framework Convention on Climate Change and other international agreements, conventions and protocols on the reduction of greenhouse gas emissions in the country.
SEC. 32. Persistent Organic Pollutants. The Department shall, within a period of two (2) years after the enactment of this Act, establish an inventory list of all sources of Persistent Organic Pollutants (POPs) in the Country. The Department shall develop short-term and long-term national government programs on the reduction and elimination of POPs such as dioxins and furans. Such programs shall be formulated within a year after the establishment of the inventory list.
SEC. 33. Radioactive Emissions. All projects which will involve the use of atomic and/or nuclear energy, and will entail release and emission of radioactive substances into the environment, incident to the establishment or possession of nuclear energy facilities and radioactive materials, handling, transport, production, storage, and use of radioactive materials, shall be regulated in the interest of public health and welfare by the Philippine Nuclear Research Institute (PNRI), in coordination with Department and other appropriate government agencies.
CHAPTER 4
INSTITUTIONAL MECHANISM
SEC. 34. Lead Agency.- The Department, unless otherwise provided herein, shall be the primary government agency responsible for the implementation and enforcement of this Act. To be more effective in this regard, The Department's Environmental Management Bureau (EMB) shall be converted from a staff bureau to a line bureau for a period of no more than two (2) years, unless a separate, comprehensive environmental management agency is created.
SEC. 35 Linkage Mechanism. - The Department shall consult, participate, cooperate and enter into agreement with other government agencies, or with affected non-governmental (NGOs) or people's organizations (POs),or private enterprises in the furtherance of the objectives of this Act.
SEC. 36. Role of Local Government Units.- Local Government units (LGUs) shall share the responsibility in the management and maintenance of air quality within their territorial jurisdiction. Consistent with Secs. 7,8 and 9 of this Act, LGUs shall implement air quality standards set by the Board in areas within their jurisdiction; Provided, however, that in case where the board has not been duly constituted and has not promulgated its standards, the standards set forth in this Act shall apply.
The Department shall provide the LGUs with technical assistance, trainings and a continuing capability-building program to prepare them to undertake full administration of the air quality management and regulation within their territorial jurisdiction.
SEC. 37 Environmental and Natural Resources Office.- There may be established an Environment and Natural Resources Office in every province, city, or municipality which shall be headed by the environment and natural resources officer and shall be appointed by the Chief Executive of every province, city or municipality in accordance with the provisions of Section 484 of Republic Act No. 7160. Its powers and duties, among others, are :
a. To prepare comprehensive air quality management programs, plans and strategies within the limits set forth in Republic act. No. 7160 and this Act which shall be implemented within its territorial jurisdiction upon the approval of the sanggunian ;
b. To provide technical assistance and support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of basic services and the provision of adequate facilities relative to air quality;
c. To take the lead in all efforts concerning air quality protection and rehabilitation;
d. To recommend to the Board air quality standards which shall not exceed the maximum permissible standards set by rational laws ;
e. To coordinate with other government agencies and non-governmental organizations in the implementation of measures to prevent and control air pollution; and
f. Exercise such other powers and perform such duties and functions as may be prescribed by law or ordinance. Provided, however, that, in provinces/cities/municipalities where there are no environment and natural resources officers, the local executive concerned may designate any of his official and/ or chief of office preferably the provincial, city or municipal agriculturist, or any of his employee; Provided, finally, that in case an employee is designated as such, he must have a sufficient experience in environmental and natural resources management, conservation and utilization.
SEC. 38 Record-keeping, Inspection, Monitoring and Entry by the Department.- The Department or its duly accredited entity shall, after proper consultation and notice, require any person who owns or operates any emissions source or who is subject to any requirement of this Act to : (a) establish and maintain relevant records; (b) make relevant reports; (c) install, use and maintain monitoring equipment or methods; (d) sample emission, in accordance with the methods, locations, intervals and manner prescribed by the Department; (e) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; and (f) provide such other information as the Department may reasonably require.
Pursuant to this Act, the Department, through its authorized representatives, shall have the right of : (a) entry of access to any premises including documents and relevant materials as referred to in the herein preceding paragraph, b) inspect any pollution or waste source, control device, monitoring equipment or method required, and c) test any emission.
Any record, report or information obtained under this section shall be made available to the public, except upon a satisfactory showing to the Department by the entity concerned that the record, report or information, or parts thereof, if made public, would divulge secret methods or processes entitled to protection as intellectual property. Such record, report or information shall likewise be incorporated in the Department's industrial rating system.
SEC. 39. Public Education and Information Campaign.- A continuing air quality information and education campaign shall promoted by the Department, the Department of Education, Culture and Sports (DECS), the Department of the Interior and Local Government (DILG), the Department of Agriculture (DA) and the Philippine Information Agency (PIA). Consistent with Sec. 7 of this Act, such campaign shall encourage the participation of other government agencies and the private sector including NGOs, POs, the academe, environmental groups and other private entities in a multi-sectoral information campaign.
CHAPTER 5
ACTIONS
SEC. 40 Administrative Action.- Without prejudice to the right of any affected person to file an administrative action , the Department shall, on its own instance or upon verified complaint by any person, institute administrative proceedings against any person who violates:
a) Standards or limitation provided under this Act; or
b) Any order, rule or regulation issued by the Department with respect to such standard or limitation.
SEC. 41. Citizen Suits. for purposes of enforcing the provisions of this Act or its implementing rules and regulations, any citizen may file an appropriate civil, criminal or administrative action in the proper courts against:
(a) Any person who violates or fails to comply with the provisions of this Act or its implementing rules and regulations; or
(b) The Department or other implementing agencies with respect to orders, rules and regulations issued inconsistent with this act; and/or
(c) Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a duty by this Act or its implementing rules and regulations; or abuses his authority in the performance of his duty; or, in any manner, improperly performs his duties under this Act or its implementing rules and regulations: Provided, however, That no suit can be filed until thirty-day (30) notice has been taken thereon.
The court shall exempt such action from the payment of filing fees, except fees for actions not capable of pecuniary estimations, and shall likewise, upon prima facie showing of the non-enforcement or violation complained of, exempt the plaintiff from the filing of an injunction bond for the issuance of a preliminary injunction.
Within thirty (30) days, the court shall make a determination if the compliant herein is malicious and/or baseless and shall accordingly dismiss the action and award attorney's fees and damages.
SEC .42 . Independence of Action.- The filing of an administrative suit against such person/entity does not preclude the right of any other person to file any criminal or civil action. Such civil action shall proceed independently.
SEC. 43 Suits and Strategic Legal Actions Against Public Participation and the Enforcement of this act.- where a suit is brought against a a person who filed an action as provided in Sec. 41 of this Act, or against any person, institutions or government agency that implements this Act, it shall be the duty of the investigating prosecutor or the court, as the case may be, to immediately make a determination not exceeding thirty (30) days whether said legal action has been filed to harass, vex, exert undue pressure or stifle such legal recourses of the person complaining of or enforcing the provisions of this Act. Upon determination thereof , evidence warranting the same, the court shall dismiss the case and award attorney's fees and double damages.
This provision shall also apply and benefit public officers who are sued for acts committed in their official capacity, their being no grave abuse of authority, and done in the course of enforcing this Act.
SEC. 44 Lien Upon Personal and Immovable Properties of Violators. Fines and penalties imposed pursuant to this Act shall be liens upon personal immovable properties of the violator. Such lien shall, in case of insolvency of the respondent violator , enjoy preference to laborer's wages under Article 2241 and 2242 of Republic Act No. 386, otherwise known as the New Civil Code of the Philippines.
CHAPTER 6
FINES AND PENALTIES
SEC. 45. Violation of Standards for Stationary Sources. For actual exceedance of any pollution or air quality standards under this Act or its rules and regulations, the Department, through the Pollution Adjudication Board (PAB), shall impose a fine of not more than One hundred thousand pesos ( P 100,000.00) for every day of violation against the owner or operator of a stationary source until such time that the standards have been complied with.
For purposes of the application of the fines, the PAB shall prepare a fine rating system to adjust the maximum fine based on the violator's ability to pay, degree of willfulness, degree of negligence, history of noncompliance and degree of recalcitrance. Provided, That in case of negligence, the first time offender's ability to pay may likewise be considered by the Pollution Adjudication Board; Provided, further, That in the absence of any extenuating or aggravating circumstances, the amount of fine for negligence shall be equivalent to one-half of the fine for willful violation.
The fines herein prescribed shall be increased by at least ten percent (10%), every three (3) years to compensate for inflation and to maintain the deterrent function of such fines.
In addition to the fines, the PAB shall order closure, suspension of development, construction, or operations of the stationary sources until such time that proper environmental safeguards are put in place; Provided, that an establishment liable for a third offense shall suffer permanent closure immediately. This paragraph shall be without prejudice to the immediate issuance of an ex parte order for such closure, suspension of development or construction, or cessation of operations during the pendency of the case upon prima facie evidence that their is imminent threat to life, public health, safety or general welfare, or to plant or animal life, or whenever there is an exceedance of the emission standards set by the Department and/or the Board and/or the appropriate LGU.
SEC. 46. Violation of Standards for Motor Vehicles. No motor vehicle shall be registered with the DOTC unless it meets the emission standards set by the Department as provided in Sec. 21 hereof.
Any vehicle suspected of violation of emission standards through visual signs, such as, but not limited to smoke-belching, shall be subjected to an emission test by a duly authorized emission testing center. For this purpose, the DOTC or its authorized testing center shall establish a roadside inspection system. Should it be shown that there was no violation of emission standards, the vehicle shall be immediately released. Otherwise, a testing result indicating an exceedance of the emission standards would warrant the continuing custody of the impounded vehicle unless the appropriate penalties are fully paid, and the license plate is surrendered to the DOTC pending the fulfillment of the undertaking by the owner/operator of the motor vehicle to make the necessary repairs so as to comply with the standards. A pass shall herein be issued by the DOTC to authorize the use of the motor vehicle within a specified period that shall not exceed seven (7) days for the sole purpose of making the necessary repairs on the said vehicle. The owner/operator of the vehicle shall be required to correct its defects and show proof of compliance to the appropriate pollution control office before the vehicle can be allowed to be driven on any public or subdivision roads.
In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control management conducted by the DOTC and shall also suffer the following penalties:
a. First Offense - a fine not to exceed Two Thousand Pesos ( P 2, 000.00);
b. Second Offense - a fine not less than Two Thousand Pesos (P 2,000.00) and not to exceed Four Thousand Pesos (P 4, 000.00); and
c. Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than Four Thousand Pesos (P 4,000.00) and not more than Six thousand pesos (P 6,000.00).
Any violation of the provisions of Sec. 21 paragraph (d) with regard to national inspection and maintenance program, including technicians and facility compliance shall penalized with a fine of not less than Thirty Thousand Pesos (P 30 Question: Can you translate this english sentence into tagalog ^_^ PLZZ ? 1.The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purpose not contrary to law shall not be abridged.
2.Private property shall not be taken for public use without just compensation.
3.No law impairing the obligation of contracts shall be passed.
4.Free access to courts and quasi-judicial bodies and adequate assistance shall not be denied to any person by reason of poverty.
5.any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.
6.All person, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
7.No person shall be held to answer for a criminal offense without due process of law.
plzzz answer to tagalog ty Question: How wold you do this? Summarize this article?Can you do it for me?!!! I am having a lot of trouble with this because it's confusing.---------------------Ogden, UT---Second District Court Presiding Judge Glen Dawson has appointed Catherine S. Conklin as a commissioner in the Second District Court effective April 26, 2007. Commissioner Conklin was selected based on a majority vote of the Second District Court judges. The Second Judicial District is comprised of Davis, Morgan, and Weber counties.
Commissioner Conklin comes to the courts from the law firm of Farr, Kaufman, Sullivan, Jensen, Medsker, Conklin, Olds & Nichols where she worked from 2004 to present. Prior to this, she worked as an adjunct professor at Weber State University in the Criminal Justice Department. Commissioner Conklin received a Juris Doctor in 1996 from the University of California, Hastings College of the Law. She earned a Bachelor of Arts degree in English from Weber State University.
Court Commissioner is a quasi-judicial officer a
please help me !!! You are a very nice person!!! Thanks Question: help!!!!!!!? The quasi-judicial policy-making power of bureaucratic agencies is called __________.
administrative adjudication
due process
rule-making
cloture Question: Obama violated the Constitution? No. Please read my entire argument before stating things that I have proven are constitutional. Please cite your reasons and examples for why you believe he has. And don't make up facts about what he has done or things in the Constitution. Before you answer, let me strike down your reasons for why he has violated it:
1.To those who claim Obama is "un-American": There is no definition of "un-American". Being able to voice your opinions, good or bad, is guaranteed in the First Amendment. Being "un-American" is not unconstitutional. And if you claim that it is treason or that Obama has committed treason I suggest that you look at Article III Section 3.
2.Car czar debate: Car czars are constitutional according to Article II Section 2 where the President has the right to appoint "all other officers of the United States, whose appointments are not herein otherwise provided for, and shall be established by law". The Supreme Court has also ruled that appointed "czars" are constitutional as long as they hold no legislative, executive, or judicial power (Humphrey's Executor v. United States), although they may influence and answer to one or all three branches (quasi-judicial, quasi-executive, quasi-legistlative).
3.In regard to the 10th amendment debate: The 10th amendment says that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." The people refers to the representatives of the people in the federal government in the form of the House and the Senate. Anything passed by the federal legislature is to be applied to all of the states in the Union, and last time I checked, the bailout was passed by Congress
4. To those who say Obama was born in Kenya: Born in Kenya or not, he had an American mother, and by the US Government's interpretation of a Natural Born Citizen, Obama is a Natural Born Citizen by jus sanguinis: "those who are born abroad to U.S. citizens and who otherwise meet the qualifications for statutory citizenship". And if he was born with dual citizenship, at age 21, Kenyan citizens who possesses citizenship in more than one country automatically lose their Kenyan citizenship unless they formally renounce any non-Kenyan citizenship and swear an oath of allegiance to Kenya. Since Obama neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya, his Kenyan citizenship automatically expired on Aug. 4,1982.
I'll be happy to add details.
@ Giachetta *True Texan*:
You didn't read what I said about a Natural Born Citizen. Obama is a Natural Born Citizen according to Congress's definition of what a Natural Born Citizen is. Any reason to think that he is not is completely irrational.
About Obama's "racism": Every racist Obama quote was taken out of context. His "racist" Supreme Court Justice nominee's racist quote was also taken out of context. Just because something is taken out of context does not mean that it was racist. And you must remember that Obama is 1/2 black and 1/2 white and that he was raised by the white side of his family.
Yeah yeah I got number 4 wrong, sorry. But he was born in Hawaii. If you don't believe me than google his birth certificate.
Yes. He was born in Hawaii. Sorry about number 4. I was writing too fast I think. Question: YOU CANT GIVE ME THE EXPLANATION OF EACH NUMBER PLZZZZ!!!!^_^? 1.The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purpose not contrary to law shall not be abridged.
2.Private property shall not be taken for public use without just compensation.
3.No law impairing the obligation of contracts shall be passed.
4.Free access to courts and quasi-judicial bodies and adequate assistance shall not be denied to any person by reason of poverty.
5.any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.
6.All person, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
7.No person shall be held to answer for a criminal offense without due process of law. Question: Plzz gave me the explanation all of that!!!!!!!!!!!!! TNX ^_^? 1.The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purpose not contrary to law shall not be abridged.
2.Private property shall not be taken for public use without just compensation.
3.No law impairing the obligation of contracts shall be passed.
4.Free access to courts and quasi-judicial bodies and adequate assistance shall not be denied to any person by reason of poverty.
5.any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.
6.All person, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
7.No person shall be held to answer for a criminal offense without due process of law. Question: Is it ok for the Law Society of Upper Canada to hide 30% of its public decisions (where LSUC attorneys lose)? In Ontario, the LSUC, a regulator of lawyers, has not been providing any access to decisions where LSUC attorneys have lost. This makes comprehensive legal research impossible. Two recent UN reports on judicial corruption say it is judicial corruption for a public court or tribunal to hide some decisions as no one can predict the outcome of any hearing if they cannot perform comprehensive legal research. Nervous Ontario politicians and even the media, which is fairly naive, have not covered this very serious attack on the justice system. LSUC tribunals are quasi-judicial but are covered by Canada's Charter of Rights which includes the "open courts" principle, or the right of access to court and triubnal decisions, which is delineated in legal decisions from the S. 2(b) Right of Freedom of Expression. I do not think Americans would put up with this kind of secrecy and corruption. Even complete registry lists are not made available. No one can determine what matters the LSUC heard. Question: What's your take on the UN and the INCB ? <<In an attempt to obtain legal recognition for the traditional use of coca, Peru and Bolivia negotiated paragraph 2 of Article 14 into the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, stipulating that measures to eradicate illicit cultivation and to eliminate illicit demand “should take due account of traditional licit use, where there is historic evidence of such use.”[23] Bolivia also made a formal reservation to the 1988 Convention, which required countries to adopt measures to establish the use, consumption, possession, purchase or cultivation of the coca leaf for personal consumption as a criminal offence. Bolivia stated that “the coca leaf is not, in and of itself, a narcotic drug or psychotropic substance” and stressed that its “legal system recognizes the ancestral nature of the licit use of the coca leaf, which, for much of Bolivia’s population, dates back over centuries.”[23][24]
However, the International Narcotics Control Board (INCB) – the independent and quasi-judicial control organ for the implementation of the United Nations drug conventions – denied the validity of article 14 in the 1988 Convention over the requirements of the 1961 Convention, or any reservation made by parties, since it does not "absolve a party of its rights and obligations under the other international drug control treaties."[25]
In recent years the current legal status of the coca leaf is more and more questioned. Even the INCB stated in its 1994 Annual Report that "mate de coca, which is considered harmless and legal in several countries in South America, is an illegal activity under the provisions of both the 1961 Convention and the 1988 Convention, though that was not the intention of the plenipotentiary conferences that adopted those conventions."[26] It implicitly also dismissed the original report of the Commission of Enquiry on the Coca Leaf by recognizing that "there is a need to undertake a scientific review to assess the coca-chewing habit and the drinking of coca tea."[27]
Nevertheless, the INCB on other occasions did not show signs of an increased sensitivity towards the Bolivian claim on the rights of their indigenous population, and the general public, to consume the coca leaf in a traditional manner by chewing the leaf, and even goes as far as to consider drinking coca tea, as "not in line with the provisions of the 1961 Convention."[28][29] The Board considered Bolivia, Peru and a few other countries that allow such practises to be in breach with their treaty obligations, and insisted that “each party to the Convention should establish as a criminal offence, when committed intentionally, the possession and purchase of coca leaf for personal consumption.”>> (from Wikipedia) Question: you translate this english sentence into tagalog ^_^ PLZZ? 1.The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purpose not contrary to law shall not be abridged.
2.Private property shall not be taken for public use without just compensation.
3.No law impairing the obligation of contracts shall be passed.
4.Free access to courts and quasi-judicial bodies and adequate assistance shall not be denied to any person by reason of poverty.
5.any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.
6.All person, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
7.No person shall be held to answer for a criminal offense without due process of law.
plzzz answer to tagalog ty Question: Can you translate this english sentence into tagalog ^_^ PLZZ help me? 1.The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purpose not contrary to law shall not be abridged.
2.Private property shall not be taken for public use without just compensation.
3.No law impairing the obligation of contracts shall be passed.
4.Free access to courts and quasi-judicial bodies and adequate assistance shall not be denied to any person by reason of poverty.
5.any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.
6.All person, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
7.No person shall be held to answer for a criminal offense without due process of law.
plzzz answer to tagalog ty Question: philippines:what are the rules governing the priveledge hour in the senate and the house? can any one give me a website and same tym the answer??? i need this for tommeorow!!!!! thanks.....
There are also follow up questions:
@ If a law is not approved by both houses during the session is refilinf the bill in the session necessary?/
@on the rule making power of congress is this power subject to judicial review??
@in the exercise by congress of its quasi-judicial power is the same subject to judicial review?
@are the rule making power of the president subject to judicial review????? Question: Can you translate this english sentence into tagalog ^_^ PLZZ ? 1.The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purpose not contrary to law shall not be abridged.
2.Private property shall not be taken for public use without just compensation.
3.No law impairing the obligation of contracts shall be passed.
4.Free access to courts and quasi-judicial bodies and adequate assistance shall not be denied to any person by reason of poverty.
5.any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.
6.All person, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
7.No person shall be held to answer for a criminal offense without due process of law.
plzzz answer to tagalog ty Question: Can you translate this english sentence into tagalog ^_^ PLZZ ? 1.The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purpose not contrary to law shall not be abridged.
2.Private property shall not be taken for public use without just compensation.
3.No law impairing the obligation of contracts shall be passed.
4.Free access to courts and quasi-judicial bodies and adequate assistance shall not be denied to any person by reason of poverty.
5.any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.
6.All person, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
7.No person shall be held to answer for a criminal offense without due process of law.
plzzz answer to tagalog ty Question: YOU CANT GIVE ME THE EXPLANATION OF EACH NUMBER PLZZZZ!!!!^_^? 1.The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purpose not contrary to law shall not be abridged.
2.Private property shall not be taken for public use without just compensation.
3.No law impairing the obligation of contracts shall be passed.
4.Free access to courts and quasi-judicial bodies and adequate assistance shall not be denied to any person by reason of poverty.
5.any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.
6.All person, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
7.No person shall be held to answer for a criminal offense without due process of law.
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