Implementing Rules and Regulations (Part I) Green Building Ordinance 2009

ANNEX G
MINIMUM STANDARDS, PROHIBITED ACTS
AND PENAL PROVISIONS

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ANNEX G
MINIMUM STANDARDS, PROHIBITED ACTS & APPLICABLE
PENAL PROVISIONS

I. Republic Act No. 9275 (Clean Water Act of 2004)

A. Minimum Standards/Requirements

Rule 8.3 Mandatory Connection to Existing Sewerage Lines

...Provided finally, that for industries with domestic wastewater, a one-year phase-in period is
given to restructure the drainage system to connect to existing wastewater treatment facility.

Rule 8.5 Actions against Non-connection to Available Sewerage System

The Department of Environment and Natural Resources (DENR) shall withhold permits or refuse
issuance of ECC for establishments that fail to connect their sewage lines to available sewerage
system as required herein. Also, the DENR shall request the LGUs, water districts and other
appropriate agencies, in writing, to sanction persons who refuse connection of sewage lines to
available sewerage systems, including non-issuance of Environmental Sanitation Clearance by
the DOH, in accordance with the Clean Water Act and other existing laws. Provided further that
the water district shall deprive the property owner of any and all services provided by the water
district should the property owner persist in refusing to connect with the water districts sewerage
system pursuant to Sec. 29 of P.D. No. 198.

Rule 13.9 Sewerage Treatment Plant

The operator of sewerage treatment plant shall pay the wastewater charges for effluents from the
treatment facilities. Provided, that the operator may claim contributions or sewerage fees from
residences, establishments or industries that use the facilities. Establishments and industries
discharging to and contributing for maintenance of the sewerage system and treatment facilities
shall be exempt from paying the wastewater discharge fee.

Sec. 14 Discharge Permits

The DENR shall require owners or operators of facilities that discharge regulated effluents
pursuant to this Act to secure a permit to discharge. The discharge permit shall be the legal
authorization granted by the DENR to discharge wastewater. Provided, that the discharge permit
shall specify, among others, the quantity and quality of effluent that said facilities are allowed to
discharge into a particular water body, compliance schedule and monitoring requirement.

Sec. 19.6 Effluent Standards

The effluent standards shall take into consideration the protection of public health and welfare as
well as protection and propagation of balanced ecosystem as well as best available and
practicable technology for water pollution prevention and abatement. The Environmental
Management Bureau (EMB) shall evaluate whether DAO 35 standards need to be updated based
on its performance of monitoring and enforcement functions in the past as well as the current
data on water quality of receiving waters. In case it deems appropriate that the standards be
updated, it shall formulate the general standards for effluent discharge applicable to all point
sources except when industry specific standards are in effect in accordance with Rule 12.1
hereof. The grace period shall only be issued upon determination by the DENR that the
industrys operation would require significant retooling, upgrading or as may be necessary for the
establishment of an EMS to include, but not be limited to, installation of water pollution device,
shift to less pollutive materials, or modification or shift to cleaner production, and after a thorough
and transparent evaluation. Covered industries are required to submit periodic reports to the
DENR on steps taken for the establishment of an EMS including compliance schedule within the
prescribed grace period. In the interim, the standards set in DAO 35, as amended, shall remain
valid.

B. Prohibited Acts

Sec. 27 Prohibited Acts

The following acts are hereby prohibited:

1. Discharging, depositing or causing to be deposited material of any kind directly or indirectly

into the water bodies or along the margins of any surface water, where, the same shall be
liable to be washed into such surface water, either by tide action or by storm, floods or
otherwise, which could cause water pollution or impede natural flow in the water body.

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2. Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form
that would pollute groundwater. In the case of geothermal projects, and subject to the
approval of the DENR, regulated discharge for short- term activities (e.g. well testing,
flushing, commissioning, venting) and deep re-injection of geothermal liquids may be allowed:
Provided, that safety measures are adopted to prevent the contamination of the groundwater.

3. Operating facilities that discharge regulated water pollutants without the valid required
permits or after the permit was revoked for any violation of any condition therein.

4. Disposal of potentially infectious medical waste into sea water by vessels unless the health or
safety of individuals on board the vessel is threatened by a great and imminent peril.

5. Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as
defined under Republic Act No.9003.

6. Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed

under Republic Act No.6969.

7. Operate facilities that discharge or allow to seep, wilfully or through gross negligence,
prohibited chemicals, substances or pollutants listed under R. A. No. 6969 into water bodies
or wherein the same shall be liable to be washed into such surface, ground, coastal, and
marine water.

8. Undertaking activities or development and expansion of projects, or operating

wastewater/sewerage facilities in violation of Presidential Decree. No.1586 and its
implementing rules, and regulations.

9. Discharging regulated water pollutants without the valid required discharge permit pursuant to
this Act or after the permit was revoked for any violation of condition therein.

10. Refusal to allow entry, inspection and monitoring by the DENR in accordance with this Act.

11. Refusal or failure to designate pollution control officers whenever required by, the DENR in
accordance with this Act.

12. Directly using booster pumps in the distribution system or tampering with the water supply in
such a way as to alter or impair the water quality.

C. Penal Provisions

Sec. 28 Fines, Damages and Penalties

Unless otherwise provided herein, any person who commits any of the prohibited acts provided in
the immediately preceding section or violates any of the provision of this Act or its implementing
rules and regulations, shall be fined by the DENR Secretary, upon the recommendation of the
Pollution Adjudication Board (PAB) in the amount of not less than Ten thousand pesos
(P10,000.00) nor more than Two hundred thousand pesos (P200,000.00) for every day of
violation. The fines herein prescribed shall be increased by ten percent (10%) every two (2) years
to compensate for inflation and to maintain the deterrent function of such fines: Provided, That the
DENR Secretary, upon recommendation of the PAB may order the closure, suspension of
development or construction, or cessation of operations or, where appropriate disconnection of
water supply, until such time that proper environmental safeguards are put in place and/or
compliance with this Act or its rules and regulations are undertaken. This paragraph shall be
without prejudice to the issuance of an ex parte order for such closure, suspension of
development or construction, or cessation of operations during the pendency of the case.

Failure to undertake clean-up operations, wilfully, or through gross negligence, shall be punished
by imprisonment of not less than two (2) years and not more than four (4) years and a fine not
less than Fifty thousand pesos (P50,000.00) and not more than One hundred thousand pesos
(P100,000.00) per day for each day of violation. Such failure or refusal which results in serious
injury or loss of life and/or irreversible water contamination of surface, ground, coastal and marine
water shall be punished with imprisonment of not less than six (6) years and one day and not
more than twelve (12) years, and a fine of Five Hundred Thousand Pesos (P500,000.00) per day
for each day during which the omission and/or contamination continues.

In case of gross violation of this Act, the PAB shall issue a resolution recommending that the
proper government agencies file criminal charges against the violators. Gross violation shall
mean any of the following:

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a) deliberate discharge of toxic pollutants identified pursuant to Republic Act No.6969 in

toxic amounts;
b) five {5) or more violations within a period of two (2) years; or
c) blatant disregard of the orders of the PAB, such as the non-payment of fines, breaking of
seals or operating despite the existence of an order for closure, discontinuance or
cessation of operation.

In which case, offenders shall be punished with a fine of not less than Five hundred thousand
pesos (P500,000.00) but not more than Three million pesos (P3,000,000.00} per day for each day
of violation or imprisonment of not less than six {6) years but not more than ten {10) years, or
both, at the discretion of the court. If the offender is a juridical person, the president, manager and
the pollution control officer or the official in charge of the operation shall suffer the penalty herein
provided.

For violations falling under Section 4 of Presidential Decree No.979 or any regulations prescribed
in pursuance thereof, such person shall be liable for a fine of not less than Fifty thousand pesos
{P50,000.00) nor more than One million pesos (P1,000,000. 00) or by imprisonment of not less
than one {1) year nor more than six (6) years or both, for each offense, without prejudice to the
civil liability of the offender in accordance with existing laws. If the offender is a juridical entity,
then its officers, directors, agents or any person primarily responsible shall be held liable:
Provided, That any vessel from which oil or other harmful substances are discharged in violation
of Section 4 of Presidential Decree No.979 shall be liable for penalty of fine specified in the
immediately preceding paragraph and clearance of such vessel from the port of the Philippines
may be withheld until the fine is paid and such penalty shall constitute a lien on such vessel which
may be recovered in proceedings by libel in rem in the proper court which the vessel may be. The
owner or operator of a vessel or facility which discharged the oil or other harmful substances will
be liable to pay for any clean-up costs.

Provided, finally, That water pollution cases involving acts or omissions --- committed within the
Laguna Lake Region shall be dealt with in accordance with the procedure under R. A. No. 4850
as amended.

II. Republic Act No. 9003 (Ecological Solid Waste Management Act of 2000)

A. Minimum Standards/Requirements

Sec. 21 Mandatory Segregation of Solid Wastes

The LGUs shall evaluate alternative roles for the public and private sectors in providing collection
services, type of collection system, or combination of systems, that best meet their needs:
Provided, That segregation of wastes shall primarily be conducted at the source, to include
household, institutional, industrial, commercial and agricultural sources: Provided, further; That
wastes shall be segregated into the categories provided in Sec. 22 of this Act.

For premises containing six (6) or more residential units, the local government unit shall
promulgate regulations requiring the owner or person in charge of such premises to:

(a) provide for the residents a designated area and containers in which to accumulate source
separated recyclable materials to be collected by the municipality or private center; and
(b) notify the occupants of each building of the requirements of this Act and the regulations
promulgated pursuant thereto.

Sec. 22 Requirements for the Segregation and Storage of Solid Waste

The following shall be the minimum standards and requirements for segregation and storage of
solid waste pending collection:

(a) There shall be a separate container for each type of waste from all sources: Provided,
That in the case of bulky waste, it will suffice that the same be collected and placed in a
separate designated area; and
(b) The solid waste container depending on its use shall be properly marked or identified for
on-site collection as "compostable", "non-recyclable", "recyclable" or "special waste" or
any other classification as may be determined by the National Solid Waste Management
Commission (NSWMC).

Sec. 23 Requirements for Collection of Solid Wastes

The following shall be the minimum standards and requirements for the collection of solid waste:

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(a) All collectors and other personnel directly dealing with collection of solid waste shall be
equipped with personal protective equipment to protect them from the hazards of
handling wastes;
(b) Necessary training shall be given to the collectors and personnel to ensure that the solid
wastes are handled properly and in accordance with the guidelines pursuant to this Act;
and
(c) Collection of solid waste shall be done in a manner which prevents damage to the
container and spillage or scattering of solid waste within the collection vicinity.

Sec. 24 Requirements for the Transport of Solid Waste

The use of separate collection schedules and/or separate trucks or haulers shall be required for
specific types of wastes. Otherwise, vehicles used for the collection and transport of solid wastes
shall have the appropriate compartments to facilitate efficient storing of sorted wastes while in
transit.

Vehicles shall be designed to consider road size, condition and capacity to ensure the sage and
efficient collection and transport of solid wastes.

The waste compartment shall have a cover to ensure the containment of solid wastes while in
transit.

For the purpose of identification, vehicles shall bear the body number, the name, and the
telephone number of the contractor/agency collecting solid waste.

Sec. 28 Reclamation Programs and Buy-back Centers for Recyclables and Toxics
The National Ecology Center shall assist LGUs in establishing and implementing deposit or
reclamation programs in coordination with manufacturers, recyclers and generators to provide
separate collection systems or convenient drop-off locations for recyclable materials and
particularly for separated toxic components of the waste stream like dry cell batteries and tires to
ensure that they are not incinerated or disposed of in a landfill. Upon effectivity of this Act, toxic
materials present in the waste stream should be separated at source, collected separately and
further screened and sent to appropriate hazardous waste treatment and disposal plants,
consistent with the provisions of R.A. No. 6969.

B. Prohibited Acts

Sec. 48 Prohibited Acts

The following acts are prohibited:

1. Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks,
canals, esteros or parks, and establishment, or causing or permitting the same;

2. Undertaking activities or operating, collecting or transporting equipment in violation of

sanitation operation and other requirements or permits set forth in established pursuant;

3. The open burning of solid waste;

4. Causing or permitting the collection of non-segregated or unsorted wastes;

5. Squatting in open dumps and landfills;

6. Open dumping, burying of biodegradable or non-biodegradable materials in flood prone

areas;

7. Unauthorized removal of recyclable material intended for collection by authorized persons;

8. The mixing of source-separated recyclable material with other solid waste in any vehicle, box,
container or receptacle used in solid waste collection or disposal;

9. Establishment or operation of open dumps as enjoined in this Act, or closure of said dumps in
violation of Sec. 37;

10. The manufacture, distribution or use of non-environmentally acceptable packaging materials;

11. Importation of consumer products packaged in non-environmentally acceptable materials;

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12. Importation of toxic wastes misrepresented as "recyclable" or "with recyclable content";

13. Transport and dumplog in bulk of collected domestic, industrial, commercial, and institutional
wastes in areas other than centers or facilities prescribe under this Act;

14. Site preparation, construction, expansion or operation of waste management facilities without
an Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586
and this Act and not conforming with the land use plan of the LGU;

15. The construction of any establishment within two hundred (200) meters from open dumps or
controlled dumps, or sanitary landfill; and

16. The construction or operation of landfills or any waste disposal facility on any aquifer,
groundwater reservoir, or watershed area and or any portions thereof.

C. Penal Provisions

Sec. 49 Fines and Penalties

(a) Any person who violates Sec. 48 paragraph (1) shall, upon conviction, be punished with a
fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos
(P1,000.00) or render community service for not less than one (1) day to not more than
fifteen (15) days to an LGU where such prohibited acts are committed, or both;

(b) Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction be punished with a
fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos
(P1,000.00) or imprisonment of not less than one (1) day but to not more than fifteen (15)
days, or both;

(c) Any person who violates Sec. 48, pars. (4), (5), (6) and (7) shall, upon conviction, be
punished with a fine of not less than One thousand pesos (P1,000.00) but not more than
Three thousand pesos (P3,000.00) or imprisonment of not less than fifteen (15) day but to not
more than six (6) months, or both;

(d) Any person who violates Sec. 48, pars (8), (9), (10) and (11) for the first time shall, upon
conviction, pay a fine of Five hundred thousand pesos (P500,000.00) plus an amount not less
than five percent (5%) but not more than ten percent (10%) of his net annual income during
the previous year.

The additional penalty of imprisonment of a minimum period of one (1) year but not to exceed
three (3) years at the discretion of the court, shall be imposed for second or subsequent
violations of Sec. 48, pars. (9) and (10).

(e) Any person who violates Sec. 48, pars. (12) and (13) shall, upon conviction, be punished with
a fine not less than Ten thousand pesos (P10,000.00) but not more than Two hundred
thousand pesos (P200,000.00) or imprisonment of not less than thirty (30) days but not more
than three (3) years, or both;

(f) Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon conviction, be
punished with a fine not less than One hundred thousand pesos (P100,000.00) but not more
than One million pesos (P1,000,000.00), or imprisonment not less than one (1) year but not
more than six (6) years, or both.

If the offense is committed by a corporation, partnership, or other juridical identity duly recognized
in accordance with the law, the chief executive officer, president, general manager, managing
partner or such other officer-in-charge shall be liable for the commission of the offense penalized
under this Act.

If the offender is an alien, he shall, after service of the sentence prescribed above, be deported
without further administrative proceedings.

The fines herein prescribed shall be increased by at lest ten (10%) percent every three (3) years
to compensate for inflation and to maintain the deterrent functions of such fines.

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III. Republic Act No. 9211 (Tobacco Regulation Act of 2003)

A. Minimum Standards/Requirements

Sec. 6 Designated Smoking and Non-Smoking Areas

In all enclosed places that are open to the general public, private workplaces, and other places
not covered under the preceding section, where smoking may expose a person to the other than
the smoker to tobacco smoke, the owner, proprietor, possessor, manager or administrator of such
places shall establish smoking areas. Such areas may include a designated smoking area within
the building, which may be in an open space or separate area with proper ventilation, but shall
not be located within the same room that has been designated as a non-smoking area.

All designated smoking areas shall at least one (1) legible and visible sign posted, namely
"SMOKING AREA" for the Information and guidance of all concerned. In addition, the sign or not
posted shall include a warning about the health effects of direct or secondhand exposure to
tobacco smoke. Non-smoking areas shall likewise have at least one (1) legible and visible sign,
namely: "NO SMOKING AREA" or "NO SMOKING".

B. Prohibited Acts

Sec. 5 Smoking in Public Places

Smoking shall be absolutely prohibited in the following public places:

a. Centers of youth activity such as playschools, preparatory schools, elementary schools,

high schools, colleges and universities, youth hostels, and recreational facilities for
persons under eighteen (18) years old;
b. Elevator and stairwells;
c. Location in which fire hazards are present, including gas stations and storage areas for
flammable liquids, gas, explosives or combustible materials;
d. Within the buildings and premises of public and private hospitals. Medical, dental, and
optical clinics, health centers, nursing homes, dispensaries and laboratories;
e. Public conveyance and public facilities including airport and ship terminals and train and
bus stations, restaurant and conference halls, except for separate smoking areas; and
f. Food preparation areas.

Sec.7 Vending Machines, Self-Service Facilities

Unless the vending machine has a mechanism for age verification, the sale or distribution of
tobacco products to minors by means of a vending machine or any self-service facility or similar
contraption or device is prohibited, except at point-of-sale establishments.

Sec. 8 Retailer Compliance With Respect To Self-Service Facilities

Each retailer shall ensure that all tobacco-related self-service displays or facilities, advertising,
labeling and other items that are located in the establishment of the retailer and that do not
comply with the requirements of this Act are removed or are brought into compliance with the
requirements of this Act.

Sec. 9 Minimum Age Sales

Under this Act, It shall be unlawful:

a. For any retailer or tobacco products to sell or distribute tobacco products to any minor;
b. For any person to purchase cigarettes or tobacco products from a minor;
c. For a minor to sell or buy cigarettes or any tobacco products; and
d. For a minor to smoke cigarettes or any other tobacco products.

It shall not be a defense for the person selling or distributing that he/she did not know or was
aware of the real age of the minor. Neither shall it be a defense that he/she did not know nor had
any reason to believe that the cigarette or any other tobacco product was for the consumption of
the minor to whom it was sold.

Sec. 10 Sale of Tobacco Products within School Perimeters

The sale or distribution of tobacco products is prohibited within one hundred (100) meters from
any point of the perimeter of a school, public playground or other facility frequented particularly by
minors.

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C. Penal Provisions

Sec. 32 Penalties
The following penalties shall apply:

a. Violation of Sections 5 and 6. - On the first offense, a fine of not less than Five Hundred
Pesos (Php500.00) but not more than One Thousand (Php1,000.00) shall be imposed.

On the second offense, a fine of not less than One Thousand Pesos (Php1,000.00) but
not more than Five Thousand Pesos (Php5,000.00) shall be imposed.

On the third offense, in addition to a fine of not less than Five Thousand Pesos
(P5,000.00) but not more than Ten Thousand pesos (Php10,000.00), the business
permits and licenses to operate shall be cancelled or revoked.

b. Violation of Sections 7, 8, 9, 10 and 11 - On the first offense, any person or any business
entity or establishment selling to, distributing or purchasing a cigarette or any other
tobacco products for a minor shall be fined the amount of not less than Five Thousand
Pesos (Php5,000.00) or an imprisonment of not more than thirty (30) days, upon the
discretion of the business licenses or permits in the case of a business entity or
establishment.

If the violation is by establishment of business entity, the owner, president, manager, or

the most senior officers thereof shall be liable for the offense.

If a minor is caught selling, buying or smoking cigarettes or any other tobacco products,
the provisions of Article 189 of Presidential Decree No. 603 otherwise known as The
Child and Youth Welfare Code, as amended, shall apply.

IV. Republic Act No. 8749 (Clean Air Act of 1999)

A. Minimum Standards/Requirements

Rule VII. Sec. 1 National Ambient Air Quality Guideline Values

(a) Pursuant to Section 12 of RA 8749, the initial set of National Ambient Air Quality Guideline
Values necessary to protect public health and safety and general welfare shall be as follows:

Short Terma Long Termb

Pollutants Averaging Averaging
g/Ncm ppm g/Ncm Ppm
Time Time
Suspended
Particulate Matterc
230d 24 hours 90 1 yeare

150f 24 hours 60 1 yeare
TSP
PM-10
Sulfur Dioxidec 180 0.07 24 hours 80 0.03 1 year
Nitrogen Dioxide 150 0.08 24 hours
Photochemical 140 0.07 1 hour
Oxidants as Ozone 60 0.03 8 hours
Carbon Monoxide 35mg/Ncm 30 1 hour
10mg/Ncm 9 8 hours
Leadg 1.5 3 monthsg 1.0 1 year
a
Maximum limits represented by ninety-eight percentile (98%) values not to 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 or 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
m.
e
Annual Geometric Mean.
f
Provisional limits for Suspended Particulate Matter with mass median diameter less than 10
m 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.

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2) The applicable methods for sampling and measurement of the above pollutants are as
follows:

TSP - High Volume - Gravimetric, USEPA 40 CFR, Part 50, Appendix B

PM-10 - High Volume with 10 micron particle-size inlet; Gravimetric, USEPA40 CFR, Part
50, Appendix J
Sulfur Dioxide - Gas Bubbler and Pararosaniline Method (West and Gaeke Method), or
Flame Photometric Detector, USEPA 40CFR, Part 50, Appendix A
Nitrogen Dioxide - Gas Bubbler Griess-Saltzman, or Chemiluminescence Method,
USEPA 40 CFR, Part 50, Appendix F
Ozone - Neutral Buffer Potassium Iodide (NBKI), or Chemiluminescence Method, USEPA
40 CFR, Part 50, Appendix D
Carbon Monoxide - Non-dispersive Infra-red Spectrophotometry (NDIR), USEPA 40 CFR,
Part 50, Appendix C
Lead - High Volume and Atomic Absorption Spectrophotometry, USEPA 40 CFR, Part
50, Appendix G

3) An analyzer based on the principles and methods cited above will be considered a reference
method only if it has been designated as a reference method in accordance with 40 CFR,
Part 53.

4) Other equivalent methods approved by the Central Office of the Environmental Management
Bureau and its regional Offices may be adopted.

Rule XIX. Sec. 1 Permits Required

All sources of air pollution subject to these Implementing Rules and Regulations must have a
valid Permit to Operate issued by the Director of the Environmental Management Bureau. New or
modified sources must first obtain an Authority to Construct issued by the Director.

Rule XIX. Sec. 3 Authority to Construct

All proposed or planned construction or modification of sources that has the potential to emit 100
tons per year or more of any of the regulated pollutants are hereby required an Authority to
Construct approved by the Environmental Management Bureau before construction or
modification activities can take place.

Rule XIX. Sec. 4 Conversion of Authority to Construct to Permit to Operate

Once new source construction or modification is completed the source owner shall, within sixty
(60) days of startup, request the authorizing agency to convert the Authority to Construct to a
Permit to Operate. A valid Permit to Operate will be issued once the owner has demonstrated to
the satisfaction of the authorizing agency that all permit conditions have been or will be met and
that no air quality standards or guidelines will be exceeded. The owner shall conduct source
testing using methods and techniques approved by the Bureau as part of the demonstration.

Rule XIX. Sec. 5 Application for Permit to Operate

An application for a Permit to Operate shall be filed for each source emitting regulated air
pollutants. Facilities having more than one source may group the sources under a single permit
application, provided the requirements are met for each individual source.

Rule XX. Sec. 1 Financial Guarantee Mechanisms

As part of the environmental management plan attached to the environmental compliance
certificate (ECC) pursuant to Presidential Decree No. 1586 and its rules and regulations, the
Environmental Management Bureau shall require program and project proponents to put up
financial guarantee mechanisms to finance the needs for emergency response, clean-up or
rehabilitation of areas that may be damaged during the program or actual project 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 Bureau and incorporated into the ECC.

Rule XXV. Sec. 1 National Emission Standards for Source Specific Air Pollutants
For any trade, industry, process, fuel-burning equipment or industrial plant emitting air pollutants,
the concentration at the point of emission shall not exceed the limits set in the table.

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MAXIMUM
STANDARD
PERMISSIBLE METHOD OF METHOD OF
POLLUTANT APPLICABLE
LIMITS SAMPLINGa ANALYSISa
TO SOURCE
(mg/Ncm)
Antimony and Any source 10 as Sb USEPA Methods AASb or per
its Cmpds. 1 through 5 or 29 sampling method
Arsenic and its Any source 10 as As USEPA Methods AASb or per
Cmpds. 1 through 5 or 29 sampling method
Cadmium and Any source 10 as Cd USEPA Methods AASb or per
its Cmpds. 1 through 5 or 29 sampling method
Carbon Any industrial 500 as CO USEPA Method 3 Orsat Analysis or
Monoxide source or 10 NDIR
Copper and its Any industrial 100 as Cu USEPA Methods AASb or per
Cmpds source 1 through 5 or 29 sampling method
Hydrofluoric Any source 50 as HF USEPA Method As per sampling
Acid and other than 13 or 14 as method
Fluoride manufacture of appropriate
Compounds Aluminum from
Alumina
c
Hydrogen i) Geothermal ,d USEPA Method Cadmium Sulfide
Sulfide power plants 11, 15 or 16 as Method or per
e
ii) Geothermal appropriate sampling method
Exploration 7 as H2S
and Well
Testing
iii) Any source
other than (i)
and (II)
Lead Any trade, 10 as Pb USEPA Methods AASb or per
industry or 1 through 5 or 12 sampling method
process or 29
Mercury Any source 5 as elemental USEPA Methods AASb/Cold-Vapor
Hg 1 through 5 or 29 Technique or Hg
or 101 Analyzer
Nickel and its Any source 20 as Ni USEPA Methods AASb or per
Cmpds except 1 through 5 or 29 sampling method
Nickel
Carbonylf
NOx 1) Manufacture 2,000 as acid &
of Nitric Acid NO2 calculated USEPA Methods Phenoldisulfonic
2) Fuel burning as NO2 1 through 4 and acid Method or
steam Method 7 per sampling
generators method
a) Existing
source
b) New 1,500 as NO2
source
i) Coal- 1,000 as NO2
fired
ii) Oil- 500 as NO2
fired 2,000 as NO2
3) Diesel
powered
electricity
generators
4) Any source
other than
(1), (2) & (3)
a) Existing
source 1,000 as NO2
b) New
source 500 as NO2

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 Annex G Minimum Standards, Prohibited Acts & Applicable Penal Provisions (IRR-I)

MAXIMUM
STANDARD
PERMISSIBLE METHOD OF METHOD OF
POLLUTANT APPLICABLE TO
LIMITS SAMPLINGa ANALYSISa
SOURCE
(mg/Ncm)
Particulates 1) Fuel burning
Equipment
a) Urbang and 150 USEPA Methods Gravimetric per
Industrial 1 through 5 sampling method
Areash
b) Other Areai 200
2) Cement Plants
(kilns, etc.) 150
3) Smelling
Furnaces 150
4) Other Stationary
Sourcesj 200
Phosphorus Any source 200 as P2O5 USEPA Methods Spectrophotome-
Pentoxidek 1 through 5 or 29 try or per
sampling method
Sulfur Oxides 1) Existing Sources
a) Manufacture USEPA Methods As per sampling
of Sulfuric 1 through 4 and 6 method
Acid and Sulf or 8 as
(on) ation appropriate
Process 2,000 as SO3
b) Fuel Burning 1,500 as SO2
Equipment
c) Other 1,000 as SO3
Stationary
Sources
2) New Sources
a) Manufacture
of Sulfuric
Acid and 1,500 as SO3
Sulf(on)
ation Process
b) Fuel Burning 700 as SO2
Equipment
c) Other
Stationary 200 as SO3
Sources
Zinc and its Any source 100 as Zn USEPA Methods AASb or per
Cmpds. 1 through 5 or 29 sampling method
a
Other equivalent methods approved by the Department may be used.
b
Atomic Absorption Spectrophotometry.
c
All new geothermal power plants starting construction by 01 January 1995 shall control H2S
emissions to not more than 150 g/GMW-Hr.
d
All existing geothermal power plants shall control H2S emissions to not more than 200
g/GMWHr.
e
Best available 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
Urban Area means a poblacion or central district of cities or municipalities having at least
50,000 population, or twin political subdivisions with contiguous boundary which essentially form
one community whose population is more than 50,000 inhabitants. Inside these centers or
population are some scattered industrial establishments.
h
Industrial Area means a well-defined, exclusive land use area in various stages of development
that are primarily established for industrial subdivisions, manufacturing and other industry mixes
with provisions for common support infrastructures, facilities and services such as roads, water
supply, power supply, communication systems, housing, storm drainage, sanitary sewerage
systems, industrial wastewater treatment facilities, etc. These areas which are usually from 200
to 500 hectares in size as registered with the (Housing and Land Use Regulatory Board
(HLURB) or any other duly authorized government entities as industrial estates, parks or area.
Export processing zones also fall under this category of land use.
i
Other Areas means all areas other than an urban or industrial area.
j Other Stationary Sources (particulates) means a trade, process, industrial plant, or fuel burning equipment other than thermal power plant,
industrial boilers, cement plants, incinerators, smelting furnaces.

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 Annex G Minimum Standards, Prohibited Acts & Applicable Penal Provisions (IRR-I)

k Provisional guideline.
lOther Stationary Sources (sulfur oxides) refers to existing and new stationary sources other than those caused by the manufacture of sulfuric
acid sulfonation process, fuel burning equipment and incineration.

Rule XXV. Sec. 2 Visible Emission Standards for Smoke and Opacity
Visible opacity standards for smoke are as follows:
a) The opacity of light or dark smoke emitted from any emission point in all stationary
sources shall be such that, when compared in the appropriate manner with the
Ringelmann Chart method, or using USEPA Method 9 (40 CFR, Part 60, Appendix A), or
an equivalent method approved by the Department through the Bureau, visible emissions
shall not appear darker than shade 1 on the Ringelmann Chart, nor exceed 20% opacity
using USEPA Method 9.

b) Exceptions to the requirements stated herein may be allowed under the following
circumstances: The opacity limit hereinbefore prescribed shall not apply to the emission
of dark smoke for less than five (5) minutes in a period of one (1) hour provided that the
total period of such emission shall not exceed an aggregate of fifteen (15) minutes in any
twenty-four (24) hours; provided further, that at no time should the opacity be darker than
shade 3 of the chart; and provided finally, that this provisions shall not apply to cases of
dark emissions resulting from cold-start and up-set conditions. Measurements of opacity
shall be made in the manner specified by the approved method employed for this
purpose.

Rule XXV. Sec. 3 Absence of Emission Standards for Other Air Pollutants
(a) Where no emission or ambient standard is prescribed hereof for a specific air pollutant that is
potentially harmful to public health and/or public welfare, the owner or operator of an
industrial plant or stationary source shall conduct its operation or process by the best
practicable means as may be necessary to prevent or minimize air pollution through the
employment of cleaner production technology and sound environmental management
practices.

(b) The absence of the ambient air or emission standard for a specific air pollutant shall not
preclude the Department through the Bureau to take appropriate action to control such
pollutants to assure the health, welfare and comfort of the general population.

Rule XXV. Sec. 4 Miscellaneous Provisions and Equipment

(a) Stationary Fuel-Burning Equipment
(1) The owner or operator of a stationary fuel-burning equipment shall, if so required by the
Department through the Bureau, provide a means to the satisfaction of Secretary
whereby a person in charge of such a plant or equipment may at all times ascertain
without leaving the boiler room, furnace room, or control room, whether or not dark
smoke is discharging from any stack or such installation, such mean may include one or
more of the following:
a) Window or opening through which an unobstructed view of the top of the stack may
be obtained from the boiler room, furnace room or control room;
b) A mirror so placed as to reflect the top of the stack, which reflection shall be visible
from the boiler room, furnace room, or control room;
c) A smoke density indicator and alarm installed so as to indicate adequately in the
boiler room, furnace room and control room the density of smoke being discharged;
d) A closed circuit television installation with the receiver located in the boiler room,
furnace room, or control room;
e) Any similar device which may be approved by the Secretary.
(2) All oil-burning equipment shall have heaters capable of heating oil to a temperature
appropriate for the oil and burner.
(3) The following major industries are required to install continuous emission monitoring
systems (CEMS) for particulates and sulfur oxide emissions:
a) Fossil fuel-fired power plant over 10 MW rating (including NOx);
b) Petroleum refinery, petrochemical industries (including NOx);
c) Primary copper smelter (including NOx);
d) Steel plant, ferro-alloy production facility (particulates only); and
e) Cement Plant (particulates only).
(4) New and existing sources falling under paragraph (3) a), b), c) and d) and new sources
falling under paragraph (3) e) shall comply with the requirements of installing CEMS upon
the effectivity of these Implementing Rules and Regulations.
(5) All existing sources falling under paragraph (3) e) shall comply with the requirements of
installing CEMS within twenty-four (24) months from the effectivity of these Implementing
Rules and Regulations.

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 Annex G Minimum Standards, Prohibited Acts & Applicable Penal Provisions (IRR-I)

Application, installation and operation of the CEMS shall meet criteria provided in Rule X
Section 5.

(b) Miscellaneous Equipment.

Re-heating furnaces, smoke ovens, bake ovens, coffee heaters, varnish kettles, paint booths
and similar equivalent shall be so designed that when operating, there is no free flow of
objectionable gases into the atmosphere. To minimize the escape of smoke, odors, fly ash or
fumes, appropriate air pollution control facilities shall be installed.

Rule XXVI. Sec. 1 National Ambient Air Quality Standards

For any industrial establishment or operation, the discharge of air pollutants that result in airborne
concentrations in excess of the National Ambient Air Quality Standards shall not be permitted.

Concentrationa Averaging
Method of Analysis/
Pollutants Time
g/Ncm ppm Measurementc
(min)
Ammonia 200 .028 30 Nesselerization/Indo
Phenol
Carbon Disulfide 30 0.01 30 Tischer Method
Chlorine and Chlorine 100 0.03 5 Methyl Orange
Cmpds. expressed as
CL2
Formaldehyde 50 0.04 30 Chromotropic Acid
method or MBTH
Colorimetric Method
Hydrogen Chloride 200 0.13 30 Volhard Titration with
Iodine solution
Hydrogen Sulfide 100 0.07 30 Methylene Blue
Lead 20 30 AASb
Nitrogen 375 0.20 30 Griess-Saltzman
Dioxide 260 0.14 60
Phenol 100 0.03 30 4-Aminoantipyrine
Sulfur Dioxide 470 0.18 30 Colorimetric-
340 0.13 60 Pararosaline
Suspended 300 -- 60 Gravimetric
Particulate Matter 200 60 Gravimetric
TSP PM-10
Antimony 0.02 mg/Ncm -- 30 AASb
Arsenic 0.02 mg/Ncm -- 30 AASb
Cadmium 0.01 mg/Ncm -- 30 AASb
6
Asbestos 2 x 10 -- 30 Light Microscopy
Particulates/Nc
m (over 5 micro
meter in size)
Sulfuric Acid 0.3 mg/Ncm -- 30 Titration
Nitric Acid 0.4 mg/Ncm -- 30 Titration
a
Ninety-eight percentile (98%) values of 30-min. sampling measured at 25oC and one
atmosphere pressure.
b
Atomic Absorption Spectrophotometry.
c
Other equivalent methods approved by the Department through the Bureau may be used.

Rule XXVIII. Sec. 3 Emission Standards for Treatment Facilities using Non-Burn
Technologies
Emissions from treatment facilities using non burn technologies shall be deemed toxic and
poisonous when they result from the processing of chlorinated compounds, or when they exceed
the following emission standards:

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 Annex G Minimum Standards, Prohibited Acts & Applicable Penal Provisions (IRR-I)

Daily and Half Hourly Average Limits

Treatment Facilities Using Non-burnTechnologies

Item Daily Average Values Half Hourly Average

Values
Particulates (total dust) 10 mg/Ncm 30 mg/Ncm
Gaseous and vaporous
organic substances,
10 mg/Ncm 20 mg/Ncm
expressed as total
organic carbon
Hydrogen Chloride 10 mg/Ncm 60 mg/Ncm
(HCl)
Hydrogen Fluoride (HF) 1 mg/Ncm 4 mg/Ncm
Sulfur Dioxide (SO2) 50 mg/Ncm 200 mg/Ncm
Nitrogen Monoxide
(NO) and Nitrogen
Dioxide (NO2),
expressed as nitrogen
200 mg/Ncm 400 mg/Ncm
dioxide for incineration
plants with a capacity
exceeding 3 tonnes per
hour
Nitrogen Monoxide
(NO) and Nitrogen
Dioxide (NO2),
expressed as nitrogen
300 mg/Ncm --
dioxide for incineration
plants with a capacity of
3 tonnes per hour or
less
Ammonia 10 mg/Ncm 20 mg/Ncm

Limits for Metals, Dioxins and Furans -

Treatment Facilities Using Non-burnTechnologies

Item Average Valuesa

Cadmium and its compounds,
expressed as cadmium (Cd)
Total 0.05 mg/Ncm
Thallium and its compounds, expressed
as thallium (Tl)
Mercury and its compounds, expressed
0.05 mg/Ncm
as mercury (Hg)
Antimony and its compounds,
expressed as antimony (Sb)
Arsenic and its compounds, expressed
as arsenic (As)
Lead and its compounds, expressed as
lead (Pb)
Chromium and its compounds,
expressed as chromium (Cr)
Cobalt and its compounds, expressed
as cobalt (Co)
Total 0.5 mg/Ncm
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)
Dioxins and Furans 0.1 nanogram/Ncm

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 Annex G Minimum Standards, Prohibited Acts & Applicable Penal Provisions (IRR-I)

a
These average values cover 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. The average values shall be measured over a sample
period of a minimum of
four (4) hours and a maximum of eight (8) hours, except that all averages of dioxins and
furans shall be
measured over a sample period of a minimum of six (6) hours and maximum of eight (8)
hours.

B. Prohibited Acts

Rule XXV. Sec. 13 Prohibited Acts

(a) Fugitive Particulates.
No person shall cause, let, permit, suffer or allow the emission of particulate matter from any
source whatsoever, including, but not limited to, vehicular movement, transportation of
materials, construction, alternation, demolition or wrecking or industry related activities such
as loading, storing or handling, without taking reasonable precautions to prevent such
emission. Such reasonable precaution shall include, but not be limited to, the following:
(1) Use, where possible, of water or chemicals for control of dust in the demolition of existing
buildings or structure, construction, operations, the grinding of rock, quarry or clearing of
lands.
(2) Application of asphalt, oil water, or suitable chemicals on roads, materials stockpiles, and
other surface which create airborne dust problem; and
(3) Installation and use of hoods fans and fabric filters or other suitable control devices to
enclose and vent the handling of dusty materials. Adequate containment methods shall
be employed during sandblasting or other similar operations.
(b) Volatile Organic Compounds or Organic Solvent Emissions
No person shall store, pump, handle, process, unload or use in any process or installation,
volatile compound or organic solvents without applying known existing vapor emission control
devices or systems deemed necessary and approved by the Department through the Bureau.
(c) Nuisance
No person shall discharge from any source whatsoever such quantities of air contaminants or
other material which constitute nuisance as defined under Articles 694 to 707 of Republic Act
No. 385, otherwise known as the Civil Code of the Philippines.
(d) Open Burning
No person shall be allowed to burn any materials in any quantities which shall cause the
emission of toxic and poisonous fumes. Such materials include but are not limited to plastic,
polyvinyl chloride, paints, ink, wastes containing heavy metals, organic chemicals, petroleum
related compound, industrial wastes, ozone depleting substances and other similar toxic and
hazardous substances.
Further, no establishment, firm, company, government or private entity or organizations shall
be allowed to burn or cause open burning of waste materials in their premises, area of
jurisdiction, including recognized or unrecognized dumpsites in any quality or quantity.
Violators, upon determination by the Department through the Bureau, shall be penalized in
accordance with the provisions of Part XIII of these Implementing Rules and Regulations.
(e) General Restrictions
(1) No plant or source shall operate at capacities which exceed the limits of operation or
capability of a control device to maintain the air emission within the standard limitations
imposed by the Act or by relevant permit conditions issued by the Department through
the Bureau.
(2) No person shall build, erect, construct, install, or implant any new source, or operate,
modify, or rebuild an existing source, or by any other means release or take action which
would result in, together with the concentrations of existing air pollutants, ambient air
concentration greater than the ambient air quality standards specified in Section 12 (b) of
the Act
(3) No person shall build, erect install or use any article, machine, equipment or other
contrivance, the use of which will conceal an emission which would otherwise constitute a
violation of any of the provisions of these Implementing Rules and Regulations.
(4) No person shall cause or permit the installation or use of any device or any means which,
without resulting in reduction in the total amount of air contaminant emitted, conceals or
dilutes any emission of air contaminant which would otherwise violate the provisions of
permit regulations of Rule XIX.
(5) All pollution control devices and systems shall be properly and consistently maintained
and correctly operated in order to maintain emission in compliance with the provisions
and standards of Section 19 of the Act. No facilities shall be operated without the control

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 Annex G Minimum Standards, Prohibited Acts & Applicable Penal Provisions (IRR-I)

equipment in proper operation, except with the permission of the Department through the
Bureau when special circumstances arise.

Rule XXVIII. Sec. 1 Incineration Prohibited

Pursuant to Section 20 of the Act, incineration, hereby defined as the burning of municipal, bio-
medical and hazardous wastes, which process emits toxic and poisonous fumes is prohibited.

Rule XXIX. Sec. 1 Ban on Smoking

The Local Government Units (LGUs) shall, within six (6) months from the effectivity of these
Implementing Rules and Regulations, implement or enforce a ban on 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 which shall be enclosed.

C. Penal Provisions

Rule LIV. Sec. 1 Fines to be Imposed

For actual exceedance of any pollution or air quality standards under the Act or these
Implementing Rules and Regulations, 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.

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 the fines.

Rule LIV. Sec. 3 Penalties for Gross Violations

In case of gross violations of the Act or these Implementing Rules and Regulations, the PAB shall
recommend to the proper government agencies the filing of appropriate criminal charges against
the violators. The PAB shall assist the public prosecutor in the litigation of the case.

Offenders shall be punished with imprisonment of not less than six (6) years but not more than
ten (10) years at the discretion of the court. If the offender is a juridical person, the president,
manager, directors, trustees, the pollution control officer or officials directly in charge of the
operations shall suffer the penalty herein provided.

Rule LVI. Sec. 1 Fines and Penalties for Violations of Other Provisions in the Act
For violations of all other provisions provided in the Act and these Implementing Rules and
Regulations, fine of not less than Ten Thousand Pesos (P 10,000.00) but not more than One
Hundred Thousand Pesos (P 100,000.00) or six (6) years imprisonment or both shall be imposed.

If the offender is a juridical person, the president, manager, directors, trustees, the pollution
control officer or officials directly in charge of the operations shall suffer the penalty herein
provided.

Rule LVI. Sec. 2 Burning of Municipal Waste

Any person who burns municipal waste in violation of Sections 1 and 3 of Rule XXV shall be
punished with two (2) years and one (1) day to four (4) years imprisonment.

Rule LVI. Sec. 3 Burning of Hazardous Substances and Wastes

Any person who burns hazardous substances and wastes in violation of Section 1 of Rule XXV
shall be punished with four (4) years and one (1) day to six (6) years imprisonment.

Rule LVI. Sec. 4 Burning of Bio-Medical Waste

Any person who burns bio-medical waste in violation of Section 4 of Rule XXV shall be punished
with four (4) years and one (1) to six (6) years imprisonment.

Rule LVI. Sec. 5 Smoking in Public Places

Any person who smokes inside a public building or an enclosed public place, including public
utility vehicles or other means of public transport or in any enclosed area outside of his private
residence, private place of work or any duly designated smoking area shall be punished with six
(6) months and one (1) day to one (1) year imprisonment or a fine of ten thousand pesos (P
10,000.00).

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