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LEGAL BASIS OF ENVIRONMENTALIS M

Legal basis of environmentalism

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Page 1: Legal basis of environmentalism

LEGAL BASIS OF ENVIRONMENTA

LISM

Page 2: Legal basis of environmentalism

PHILIPPINE CLEAN WATER ACT OF 2004

REPUBL IC ACT 9275

Page 3: Legal basis of environmentalism

RA 9275 An act providing for a comprehensive

water quality management and for other purposes.

Declaration of Policy 1. Protect the quality 2. Preserve the quality 3. Revive the quality Of Fresh, Brackish and Marine Waters.

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RA 9275 Definition of terms 1. Aquifer – means a layer water bearing

rocks located underground that transmits water in sufficient quantity to supply pumping wells or natural springs.

2. Beneficial use - means the use of the environment or any element or segment thereof conducive to public or private welfare, safety and health; and shall include, but not be limited to, the use of water for domestic, municipal, irrigation, power generation, fisheries, livestock raising, industrial, recreational and other purposes.

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RA 9275 3. Classification/Reclassification of

Philippine Waters - means the categorization of all water bodies taking into account, among others, the following:

(1) existing quality of the body of water; (2) size, depth, surface area covered,

volume, direction, rate of flow and gradient of stream;

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RA 9275 (3) most beneficial existing and future

use of said bodies of water and lands bordering them, such as for residential, agricultural, aquacultural, commercial, industrial, navigational, recreational, wildlife conservation and aesthetic purposes; and

(4) vulnerability of surface and groundwater to contamination from pollutive and hazardous wastes, agricultural chemicals and underground storage tanks of petroleum products.

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RA 9275 4. Integrated Water Quality

Management Framework - means the policy guideline integrating all the existing frameworks prepared by all government agencies contain the following; water quality goals and targets; (b) period of compliance; (c) water pollution control strategies and techniques; (d) water quality information and education program; (e) human resources development program.

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RA 9275 5. National Water Quality Status

Report - means a report to be prepared by the Department indicating:

a) the location of water bodies, their quality, taking into account seasonal, tidal and others variations, existing and potential uses and sources of pollution per specific pollutant and pollution load assessment;

b) water quality management areas pursuant to Section 5 of this Act;

c) and water classification.

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RA 9275 6. Water Quality Management Area Action

Plan - includes, but not be limited to, the following: (a) goals and targets including sewerage or septage

program, (b) schedule of compliance to meet the applicable

requirements of this Act; (c) water pollution control strategies or techniques; (d) water quality information and education

program; e) resource requirement and possible sources; f) enforcement procedures of the plan and (g) rewards and incentives under Chapter 4 of this

Act

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PHILIPPINE CLEAN AIR ACT OF 1999

RA 8749

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RA 8749 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.

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RA 8749 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.

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RA 8749 Definition of Terms 1. "Ambient air quality guideline values"

mean 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 of the air quality, and in general, used as basis for taking

positive action in preventing, controlling, or abating air pollution;

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RA 8749 2. Certificate of Conformity" means

a certificate issued by the Department of

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.

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RA 8749 3. "Octane Rating or the Anti-Knock

Index (AKI)" means the rating of the antiknock

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

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RA 8749 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;

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RA 8749 4. "Persistent Organic Pollutants

(POPs)" mean 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.

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RA 8749 Air Shed A part of the atmosphere that behaves

in coherent way with respect to the dispersion of atmospheric emissions.

RA 8749 defines is as areas with similar climate, weather, meteorology, and topography which affect the interchange and diffusion of pollutants in the atmosphere.

CAR has the BLIST air shed composed of Baguio, La Trinidad, Itogon, Sablan and Tuba.

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ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2004

RA 9003

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RA 9003 An act providing for an ecological solid

waste management program, creating the necessary institutional mechanisms and

incentives, declaring certain acts prohibited and providing penalties, appropriating funds therefor, and for other purposes.

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RA 9003 Declaration of Policies. -- It is hereby

declared the policy of the State to adopt a systematic, comprehensive and

ecological solid waste management program

which shall: (a) Ensure the protection of public health

and environment; (b) Utilize environmentally-sound

methods that maximize the utilization of valuable resources and encourage resources conservation and recovery;

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RA 9003 c) Set guidelines and targets for solid

waste avoidance and volume reduction through source reduction and waste minimization measures, including composing, recycling, re-use, recovery, green charcoal process, and others, before collection, treatment and disposal in appropriate and environmentally sound solid waste management facilities in accordance with ecologically sustainable development principles;

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RA 9003 Definition of Terms 1. Controlled dump shall refer to a

disposal site at which solid waste is deposited in accordance with the minimum prescribed standards of site operation;

2. Materials recovery facility – includes a solid waste transfer station or sorting station, drop-off center, a composting facility, and a recycling facility;

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RA 9003 3. Resource recovery shall refer to the

collection, extraction or recovery of recyclable materials from the waste stream for the purpose of recycling, generating energy or producing a product suitable for beneficial use: Provided, That, such resource recovery facilities exclude incineration;

Page 25: Legal basis of environmentalism

RA 9003 4. Sanitary landfill shall refer to a

waste disposal site designed, constructed, operated and maintained in a manner that exerts engineering control over significant potential environmental impacts arising from the development and operation of the facility;