Philippine Clean Air Act of 1999

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[Chapter 1 : General Provisions]
[Chapter 2 : Air Quality Management System]
[Chapter 3 : Fuels, Additives, Substances and Pollutants]
[Chapter 4 : Institutional Mechanism]
[Chapter 5 : Actions]
[Chapter 6 : Fines and Penalties]
[Chapter 7 : Final Provisions]

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.