PROVIDING FOR THE REVISION OF R.A NO.3931“THE POLLUTION CONTROLLAW AND FOR OTHERPURPOSES”
• WHEREAS, there is a need to modify the organizational structure of the National Control Commission to make it more effective and efficient in the discharge of its function and responsive to the demands of the times occasioned by the accelerative phase of the country’s industrialization program;• WHEREAS, there is an imperative need to strengthen this commission to best protect the people from the growing menace of environmental pollution and;• WEHREAS, it is urgently necessary to maintain the role of the Commission as the primary agency responsible for the prevention and control of environmental pollution;
NOW, THEREFORE,I, FERDINAND E.MARCOS, President of the Philippines, by virtue of the powersvested in me by the Constitution, dohereby order and decree the revision of Republic Act No. 3931, to be known as the National Pollution Control Decree of 1976
Statement of PolicyIt is hereby declared a nationalpolicy to prevent, abate and controlpollution of water, air and land for themore effective utilization of theresources of this country.SECTION 1
Section 2As used in this Decree: a. Pollution b. Sewage c. Industrial Waste d. Other Waste e. Sewage system f. Treatment Works g. Sewage Works h. Outlet i. Commission j. Person or Person
a. Pollution• alteration of the physical, chemical and biological properties of any water air and/or land resources of the Philippines• discharge thereto of any liquid, gaseous or solid wastes• 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
b. Sewage• water-carried human or animal wastes from residences, buildings, industrial, establishments, or other places, together with such water infiltration and surface water as may be present• The admixture or sewage and industrial wastes or other wastes
c. Industrial Waste• any liquid gaseous or solid matter, or other waste substance or a combination thereof resulting from any process of industry, manufacturing trade or business or from the development, processing or recovery of any natural resources
f. Treatment Works• any method• construction device or appliances• appurtenant thereto• installed for the purpose treating• neutralizing• stabilizing• disinfecting• disposing of sewage• industrial wastes or other wastes• recovery of by-products
h. Outlet • terminus of sewage works or point of emergence in the water, air and land resources of the Philippines of any sewage, industrial wastes or other wastes i. Commission National Pollution Control Commission
j. Person or Persons• any being• natural or juridical• susceptible of rights and obligations• being the subject of legal relations
Creation of the National Pollution Control Commission: MembersSECTION 3
There is hereby created and established a National Pollution Control Commission under the office of the President.• Commission • Commissioner headed by one full- a man of proven time commissioner executive ability assisted by two full- preferably be a time deputy sanitary engineer commissioners preferably a lawyer one of whom shall must have technical enforcement expertise in the field of pollution control
Inter-Agency Advisory Council Commission Laguna Lake National Economic & National Science Human Representatives Development Development Development Settlements Authority Authority Board Commission Secretaries of Department of Agriculture Health, LocalIndustry, Justice and Government Labor Community NationalDevelopment Defense Natural PublicResources Works
Water Pollution Control Division General Air OtherDivisions Appropriation Control Act Division Legal Division
The Commission shall have a Water Pollution ControlDivision, an Air Pollution Control Division, a LegalDivision, an Administrative Division and such otherdivisions or units as may be approved in the GeneralAppropriation Act. Nothing herein contained shall beconstrued as to automatically terminate or abolish anyexisting position in the Commission nor shall it beconstrued as a prohibition against termination of anyposition.
Purposes:Commission shallprovide: • may secure such services such services technical • may make arrangements for scientific the compensation of such other services services necessary • may employ and laboratory compensate other facilities • assistants on a full or part- time basis • carry-out provisions that may prescribe their powers, duties and responsibilities
Commission may conduct:• scientific experiments• investigations• research to discover economical and practical methodsCommission may cooperate with: public or private agency may accept sums of money given by any international, national or other public or private agency
Commission shall have: Powers and Functionsa) determine the location, magnitude, extent, severity, causes, effects and other pertinent informationb) develop comprehensive multi-year and annual plansc) issue standards, rules and regulations to govern the approval of plans and specificationsd) adopt, prescribe and promulgate rules and regulationse) issue orders or decisionsf) make, alter or modify ordersg) issue, renew, or deny permits
h) revoke, suspend, or modify any permiti) set up effluent, stream ambient and emission standards and promulgate rules and regulationsj) serves as arbitratork) deputize in writing or request assistancel) consult, participate, cooperate and enter into agreementm) collect and disseminate informationn) authorize its representativeo) prepare and submit sixty days after the close of calendarp) exercise such powers and perform such other function
Section 7Public Hearing Appeal to Courts conducted by the shall become final fifteen Commissioner, Deputy days after the date of commissioners or any notification senior official duly judicial review thereof designated by the shall be permitted only Commissioner prior to after the date of issuance or promulgation notification of any order or decision shall be deemed to be a by the Commissioner party to any judicial action involving any decision
Section 7Court Review Execution of Decision may be reviewed both shall be enforced and upon the law and the facts executed in the same of the case by the Court manner as decisions of Appeals Courts of First Instance the procedure concerning shall have the power to appeals from the Courts of First Instance shall be issue to the City or followed Provincial Sheriff must be perfected within be punished by the fifteen days from notification proper court for contempt of such decision
PROHIBITIONS• No person shall throw, run, • No person shall perform drain, or other wise dispose into any of the water, air any of the following and/or land resources of the activities without first Philippines, or cause, securing a permit from permit, suffer to be thrown, the commission for the run or drain, allow to seep discharge of all industrial or other wise dispose wastes and other wastes thereto any organic or which could cause inorganic matter or any pollution. substance in gaseous or liquid form that shall cause pollution thereof.
1. the construction, installation, modification or operation of any sewage works or any extension or addition thereto;2. the increase in volume or strength of any wastes in excess of the permissive discharge specified under any existing permit;3. the construction, installation or operation of any industrial or commercial establishments or any extension or modification thereof or addition thereto, the operation of which would cause an increase of waste directly into the water, air and/or land resources of the Philippines or would otherwise alter their physical, chemical or biological properties in any manner not already lawfully authorized.
PenaltiesSECTION 9 a. Any person found violating or failing to comply with any order, decision or regulation of the Commission for the control or abatement of pollution shall pay a fine not exceeding five thousand pesos per day for every day during which such violation or default continues; and the Commission is hereby authorized and empowered to impose the fine after due notice and hearing.
The fines so imposed shall be paid to the Government of thePhilippines through the Commission, and failure to pay thefine in any case within the time specified in the above-mentioned Order or Decision shall be sufficient ground forthe Commission to order the closure or the stoppage in theoperation of the establishment being operated and/ormanaged by said person or persons until payment of thefines shall have been made. The Commission shall have thepower and authority to issue corresponding writs of executiondirecting the City or Provincial Sheriff or other peace officerswhom it may appoint to enforce the fine or the order ofclosure or stoppage of operations.Payment of fines may also be enforced by appropriate actionin a court of competent jurisdiction. The remedies provided inthis sub-section shall not be a bar to nor shall affect anyother remedies provided for in this Decree but shall becumulative and additional to such remedies.
b. Any person who shall violate any of the provisions of SectionEight of this Decree or its implementing rules and regulations, or anyOrder or Decision of the Commission, shall be liable to a penalty ofnot to exceed one thousands pesos for each day during which theviolation continues, or by imprisonment of from two years to sixyears, or by both fine and imprisonment, and in addition such personmay be required or enjoined from continuing such violation ashereinafter provided.c. Any person who shall refuse, obstruct, or hamper the entry of theduly authorized representatives of the Commission into any propertyof the public domain or private property devoted to industrialmanufacturing, processing or commercial use during reasonablehours for the purpose of inspecting or investigating the conditionstherein relating to pollution or possible or imminent pollution, shall beliable to a fine not exceeding two hundred pesos or imprisonment ofnot exceeding one month, or both.
d. Any person who violates any of the provisions of, orfails to perform any duty imposed by this Decree or itsimplementing rules and regulations or by Order orDecision of the Commission promulgated pursuant to thisDecree hereby causing the death of fish or other aquaticlife, shall in addition to the penalty above prescribed, beliable to pay the government for damages for fish oraquatic life destroyed.e. In case the violator is a juridical person, the penaltyshall be imposed on the managing head responsible forthe violation.
The Commission shall have no jurisdiction over waterworks or sewagesystem operated by the Metropolitan Waterworks Sewerage System, butthe rules and regulations issued by the Commission for the protection andprevention of pollution under the authority herein granted shall supersedeand prevail over any rules or regulations as may heretofore have beenissued by other government agencies or instrumentalities on the samesubject..In case of developing projects involving specific human settlement sites orintegrated regional or sub-regional projects, such as the Tondo ForeshoreDevelopment Authority and the Laguna Lake Development Authority, theCommission shall consult with theauthorities charged with the planning and execution of such projects toensure that their pollution control standards comply with those of theCommission. Once minimum pollution standards are established andagreed upon, the development authorities concerned may, by mutualagreement and prior consultation with the Commission, undertake thepollution control activities themselves.
Such amount as may be necessary to carry out the provisions of this Decree, which in no case shall be less than the five million pesos, ishereby appropriated yearly for the operating expenses of theCommission out of any funds in the National Treasury.
Any provision of laws,presidential decree, executive order, rules and regulations and/or parts thereof inconsistent with theprovisions of this Decree, are hereby repealed and/or modified accordingly.