Enforcing Environmental Laws in the Laguna de Bay Region

1. Enforcing Environmental Laws in the Laguna de Bay Region

2. Outline of the Presentation • Overview on the nature and specific mandate of LLDA and its relationship with national and local agencies in environmental law enforcement; • Specific policies and standards enforced by LLDA • Enforcement response process in addressing violations of environmental standards and regulations

3. Outline of the Presentation LLDA’s enforcement approaches and their contributions to overall compliance promotion program Key ECE challenges and responses faced by LLDA at a decentralized level LLDA initiatives in addressing challenges in enforcement Suggestions/recommendations in effective enforcement

4. Laguna de Bay Region, Philippines Surface Area 90,000 has. Water Depth (Ave) 2.8 m Total Volume 3.2 BCM Shoreline 220 Kms Lake Water Quality Class “C” ( Suitable for Fisheries ) Map of the Philippines Laguna de Bay Watershed

5. Introduction to Laguna de Bay • Largest lake in the Philippines, one of the largest in Southeast Asia • In the midst of the country’s urban and agro-industrial development • 24 hydrological sub-basins traverse 10 cities and 51 municipalities in 6 provinces (including Metro Manila) around the lake • Multiple uses (fisheries/aquaculture, irrigation, hydropower generation, water supply, transport and navigation, recreation) • Only one outlet, Napindan Channel that controls flow to the Pasig River that discharges to Manila

6. REGULATORY • Establish and enforce water quality standards for industrial, agricultural and municipal use • Issue and revoke permits for use of surface waters within the lake region • Approve development plans proposed by • LGUs, private persons or enterprises • Collect fees for use of Laguna Lake • resources for all beneficial purposes • Compel compliance • POLICY AND PLANNING • Develop Lake with due regard to environment and prevention of ecological imbalance • Conduct comprehensive survey/studies • Prepare comprehensive plan to conserve and utilize resources • Exercise water rights within Laguna Lake • Prepare a water quality management • program • Coordinate policies with other • government agencies and • stockholders • INFRASTRUCTURE AND • RESOURCES DEVELOPMENT • Prepares and implement infrastructure projects such as river works, flood control and sewerage • Reclaim portions of the Lake • Undertake re-adjustments, relocations or resettlement of populations • Finance Infrastructure projects • Collect reasonable fees and toll charges • Develop water supply from groundwater • or Lake water sources • Engage in fish production and other • aquaculture projects LLDA Core Functions

7. LLDA as a mechanism for decentralized (from national to regional) environmental compliance & enforcement covering entire watershed • DENR : national line agency for ECE • 2 Regional ENR offices: decentralized regulatory responsibilities • Over 30 other water-related agencies • 66 LGUs with environment-related functions (1991 Local Government Code) • Phil. Clean Water Act reinforces LLDA as a watershed focused WQMA Institutional and Legal Context

8. CORPORATE CHARACTER • LLDA is a body corporate with governmental / proprietary powers, among others : • Issues and enforces policies and regulations thru its Board of Directors *LLDA can institute lawsuits against any person who shall implement any developmental activity within the LLDB Region without its clearance or permit • Collects fees for use of surface waters / discharge of wastewater • Appropriates/allocates funds for environmental purposes thru its Board without the need for congressional approval

9. Environmental Regulation and Enforcement Functions • Establish and enforce water quality standards for industrial, agricultural and municipal uses • Issue and revoke permits for use of surface waters within the lake region • Approve development plans/projects proposed by LGUs, public corporations and other government agencies, private persons or enterprises • Collect fees for use of lake water resources for all beneficial purposes and for discharge of water to the lake and its tributaries • Compel compliance

10. Devolved Environmental Functions • LGUs ENR functions • Noise, odor and nuisance • Solid waste management (RA 9003) • Backyard scale piggeries (below 10 sow level) • Communities/ stakeholders • Multi-partite Monitoring Team in case of development projects/ activities with ECC based on EIS • River Councils • Citizen’s monitoring & feedback (through LLDA platforms)

11. LLDA CLEARANCE/Discharge Permit • Legal Bases • Republic Act 4850, as amended by Presidential Decree 813 and Executive Order 927 • Philippine Clean Water Act (Republic Act 9275) • Presidential Decree 984 (Pollution Control Law) • DENR Administrative Orders 34 & 35 (Water Quality Criteria and Effluent Standards)

12. Composition of the LLDA Board of Directors Composition of the LLDA Board of Directors Representative of the Office of the President Secretary, Dept. of Environment and Natural Resources Secretary, Dept. of Trade and Industry Secretary, National Economic Development Authority Governor, Province of Laguna Governor, Province of Rizal Chairman, MMDA Presidents, Leagues of Mayors of Rizal and Laguna Private Investors’ Representative GeneralManager, LLDA, ex-Officio member

13. Compliance Monitoring • All compliance monitoring activities are unannounced • Schedule visit is based on geographical location of the firm • Mandatory monitoring for all firms falling within the 3rd quarter schedule • 3rd quarter Resulats of Laboratory Analysis (ROLA) is the basis for processing of Discharge Permit • Inspectors are equipped with proper identification and mission orders

14. Strategies for Improved Monitoring and Inspection • Set limitation in inspection/ monitoring by prioritizing firms with possible sources of wastewater pollution • Less frequent inspection/sampling and based on effluent flowrate and type of waste

15. Contents of NOV • Name of the party/ies • Nature of violation • Directive for : • Appearance in public hearing • For exceedance of effluent standards: Institute correction /remedial measures to control/ abate pollution within 15 days from receipt • Continuous violation: Show cause in writing why no ex-parte CDO shall be issued for the violation • For permit requirements: comply within 60 days from receipt

16. Conducting Technical Conferences • Service of notice at least 3 days prior to proceedings • Appearance of accredited PCO or duly authorized representative in all proceedings (consultant not allowed to make representations)

17. Alternative Dispute Resolution • Aims at bringing parties together based on mutual interest • Out-of-court solution to conflicts • Common interest can lead to problem solving that is aimed at arriving at a win-all-situation.

18. Requisites for Public Hearing • Serving of notice at least 3 days prior to proceedings, directing to furnish all related documents • Docket no. and calendar of cases • Appearance of accredited PCO with duly authorized rep/s( senior company officer, legal counsel); consultant may appear with reps but in no case shall he/she be the sole rep; non-appearance is tantamount to waiver of respondent’s right to a hearing and the LLDA will proceed to determine the merits of the case and apply proper relief & measures under the law.

19. Requisites for Public Hearing • Issuance of sub-poena/sub-poena duces tecum for documents requested by any affected party/ies at least 5 days prior PH • Ocular inspection if warranted for determination of issue • PH is by simplified rules of evidence, not by technical rules of evidence under the Rules of Court • Records of proceedings

20. Orders & Decisions • Issuance of cease & desist order (CDO)- executory within 72 hours from issuance • Ex-Parte Order (executory within 15 days upon issuance) • Discharge of effluent not conforming to standards • Unjustly refusing to allow inspection

21. Orders & Decisions • Ex-Parte CDO (immediately executory) • When there is prima facie evidence pointing to discharged waste that poses immediate threat to life, public health, safety or welfare • Directs discontinuance of such discharge or temporary suspension of operation pending PH • Respondent may file motion to lift CDO, but shall not stay the execution of the order • LLDA Orders, decisions final & executory within 15 days from issuance, unless a motion for reconsideration is filed with DENR & an appeal is perfected within this period

22. Temporary Lifting OrdersPurposes • Allow the respondent to implement of pollution control program for max. 6 months, progress reports required; extension may be allowed only when there is significant improvement; • For re-sampling purposes

23. Requirements for TLO • Notarized undertaking signed by CEO or managing head • Comprehensive pollution control program with proof of approved budget and timetable • Detailed interim remedial measures • Payment of at least 25% of the total penalties, balance within 6 mos. or upon compliance • Filing of Discharge Permit application • Appointment of PCO • Self-monitoring report or progress report on improvement works

24. TLOs • Failure to comply: permanent CDO • Passing allowable standards: • Formal lifting of CDO • Termination of the case upon full payment of fines and penalties

25. Enforcement Execution • By LLDA Enforcement Group with assistance from police authorities and LGUs • Enforcement completion report within 48 hours upon execution

26. Fines & Penalties • Administrative fines of P5,000 (CWA) for any violation of LLDA rules • Daily penalties of P10,000 (CWA) to be computed in accordance with the set guidelines from the date of initial sampling when violation was discovered until actual cessation of pollution using only LLDA lab results • Non-payment may lead to CDO for operating without permits

27. Key Challenges • Many LGUs & thousands of small and medium-scale businesses face regulatory challenges • Staff not specifically assigned to oversight of environmental obligations • Regulatory requirements continually change • LLDA is constrained to provide on-site assistance to regulated entities (legally and resource-wise ) • Small and medium-scale businesses and LGUs do not always receive environmental information targeted to their needs • Limited manpower and budget

28. Current Initiatives in Addressing Challenges in Enforcement • Coordination with LGUs by sending communications every change in administration • Partnership with other government agencies, NGOs and private sectors - MOA with PEZA, NWRB - MOA with Quick Service Restaurants - MOA with industrial parks/estates managements

29. Current Initiatives in Addressing Challenges in Enforcement • Partnership with AECEN in establishing Compliance Assistance Center for slaughterhouses and hog farms

30. Platform for LLDA-Stakeholders’ Feedback & Compliance Assistance • LLDA Website • Continuing Environmental Education Program • Quick Response Desk • TEXT LLDA and LLDA Hotline

31. Initiatives to Improve Compliance • On-line permit applications and processing • Fee payment thru accredited banks • Long-term permits • Simplified documentary requirements for permit application • Less volume of discharge less frequent submission of Self-Monitoring Report (SMR)

32. Recommendations in Effective Enforcement • Intensify coordination with LGUs • Strengthen the saturation drive activities of LLDA • Capacitate LLDA personnel thru as work-related or personality development trainings • Increase manpower requirements • Improve information dissimenationcampaigns

33. The End Engr. Guillermo E. Orgil OIC, Pollution Control Division Laguna Lake Development Authority Philippines