(NAR) VOL. 14 NOS. 1-2 / APRIL - JUNE 2003

[ LLDA RESOLUTION NO. 191-2003, March 27, 2003 ]

APPROVING THE POLICY GUIDELINES GOVERNING ALL FAST-FOOD STORES, RESTAURANTS AND SIMILAR ESTABLISHMENTS WITHIN THE LAGUNA DE BAY REGION



WHEREAS, Republic Act No. 4850, as amended, empowers the Laguna Lake Development Authority to implement the provisions of Presidential Decree No. 984, otherwise known as "The Pollution Control Law of the Philippines", within the Laguna de Bay Region;

WHEREAS, the Laguna de Bay Region has been the center of the country’s industrialization and urbanization thereby prompting the LLDA to become pro-active in its effort in managing the resources of the region towards sustainable development and thus, implementing the Environmental User Fee System within the region;

WHEREAS, the Environmental User Fee System was approved for implementation in the Laguna de Bay Region under LLDA Board Resolution No. 25, Series of 1996;

WHEREAS, under Board Resolution No. 33, Series of 1996, adopting the Rules and Regulations Implementing the Environmental User Fee System in the Laguna de Bay Region, all development projects, installations and activities that discharge liquid waste into and pose a threat to the environment of the Laguna de Bay Region, thus covering industrial, commercial, domestic and agricultural sources are covered by the System;

WHEREAS, the fast-food stores, and restaurant sector has committed to be a partner of the Authority in the rehabilitation of the degraded environment and has expressed its desire to comply with LLDA's environmental regulations and standards, and for this reason to determine the best practicable available technology for the treatment of their wastewater;

WHEREAS, for efficient and more effective implementation of the aforementioned laws, rules and regulation, there is an urgent need to define and implement a system for the fast-food stores, and restaurant sector within the Laguna de Bay Region;

NOW THEREFORE, foregoing premises considered and pursuant to the provisions of R.A. 4850 as amended and LLDA Board Resolution No. 33, Series of 1996, BE IT RESOLVED, as it is hereby RESOLVED, to adopt the following Policy Guidelines Governing Fast-food Stores, Restaurants and Similar Establishments within the Laguna de Bay Region:

I. POLICY STATEMENT

The Laguna Lake Development Authority recognizes the unique role of the private sector including small and medium-scale industries as an active partner in the rehabilitation of the degraded environment, and in the effective implementation of pollution control rules and regulations as well a the Environmental User Fee System in the Laguna de Bay Region.

II. SCOPE

These guidelines provide for the policies, standards, monitoring, inspection and assessment protocols for implementing P.D. 984, its related rules and regulations and the Environmental User Fee System for all fast-food stores, restaurants and similar establishments within the Laguna de Bay Region.

III. DEFINITION OF TERMS

For the purposes of these policy guidelines, whenever any of the following words, terms or phrases are used herein or in any amendment or supplementary thereto which may be issued hereafter, they shall have the following meaning, to wit: 

"Authority" or LLDA  shall refer to the Laguna Lake Development Authority. 

Fast-food Store/Restaurant refers to establishment with dining furniture that provides food and dining services to the public. 

Free-standing establishment refers to dining establishment occupying an entire building. Multiple dining establishments occupying the same building may be classified under this category provided that ownership is by one individual, partnership or corporation or as determined by the Authority. 

In-line establishment refer to dining establishment located within a building intended for private lease or tenancy. 

Effluent is a general term denoting any wastewater, partially or completely treated, or in its natural raw state or liquid waste flowing out through a pipe or any outlet from a fast-food/restaurant and similar establishment.

IV. DISCHARGE PERMIT REQUIREMENT

New and existing fast-food stores, restaurants and similar establishments within the Laguna de Bay Region which discharge, in any manner, liquid waste into the environment shall be required to secure their respective Discharge Permits from the Authority in accordance with P.D. 984, its implementing guidelines, rules and regulations and Board Resolution No. 33, Series of 1996, including LLDA Clearance if applicable.

V. ASSESSMENT OF ENVIRONMENTAL USER FEES

The following guidelines shall govern the assessment of environmental user fees of fast-food stores, restaurants and similar establishments within the Laguna de Bay Region: 

a. All fast-food stores, restaurants and similar establishments are required to pay both fixed fee and variable fee for its liquid waste discharges. 

b. For fast-food stores, restaurants and similar establishments not complying with the herein prescribed interim effluent standards, they shall be required to pay surcharge in variable fees including fines and penalties. 

c. For fast-food stores, restaurants and similar establishments with volumetric discharge equal or less than twelve cubic meters per day (12 m3/day), they shall pay the minimum fixed fee prescribed by Board Resolution No. 33, Series of 1996, as amended. 

d. For fast-food stores, restaurants and similar establishments with volumetric discharge greater then than twelve cubic meters per day (12 m3/day), they shall pay the median fixed fee prescribed by Board Resolution No. 33, Series of 1996, as amended.

VI. APPLICATION OF EFFLUENT STANDARDS

In general, all fast-food stores, restaurants and similar establishments shall comply with the standards for Inland Water Class "C" under DAO 35. However, the following interim effluent standards are prescribed for wastewater discharges by fast-food stores, restaurants and similar establishments for a period of two (2) years, subject to review at the expiration thereof:                                                                         

Free Standing Stores, Class C,   
Year 1BOD5
-
700
COD
TSS pH
O/G
Year 2BOD5
-
500
2XBO
1.4BO6.5
-
0.1 BOD
  

D
D9.0
 
   

    
Free Standing Stores (Class SC) and In-line Stores
Year 1BOD5
-
1000
COD
TSSpH O/G
Year 2 BOD5
-
700
2XBO
1.46.5
-
0.1 BOD
  

D
BOD9.0  
 

VII. ASSESSMENT OF FINES AND PENALTIES

For Fast-food stores, restaurants and similar establishments in violation of the interim standards, fines/penalties shall be imposed by the Authority pursuant to the provisions of P.D. 984.

VIII. OTHER PROVISIONS

1. Self-Monitoring Reports (SMR) shall be submitted by individual fast-food stores, restaurants and similar establishments to the Authority on a regular basis. Submission of the SMR shall be based on the geographical expiration schedule being implemented by LLDA and in accordance with the following guidelines: 

a. Fast-food stores, restaurants and similar establishments with volumetric discharge equal or less than twelve cubic meters per day (12 m3/day) shall perform self-monitoring every six (6) months and shall submit the semestral report annually. 

b. Fast-food stores, restaurants and similar establishments with volumetric discharge more than twelve cubic meters per day (12 m3/day) shall perform self-monitoring every three (3) months and shall submit the report every six (6) months.

2. Each proponent (individual, partnership or corporation) shall allocate a budget for specific projects in the sub-watershed or community where the establishment is located as specified in the Memorandum of Agreement.

IX. IMPLEMENTATION STRATEGY

For the effective implementation of these guidelines, a Memorandum of Agreement (MOA) shall be executed between LLDA and all the proponents/owners/operators of fast-food stores, restaurants and similar establishments in the Laguna de Bay Region immediately after the approval of these policy guidelines. To facilitate the signing of the MOA with individual establishments, a general MOA shall be executed between LLDA and the duly registered organization of the industry.

The LLDA-Environmental Pollution Control Division and Legal Division shall take the lead in ensuring the smooth implementation of these guidelines as well as the preparation, signing and execution of the agreement.

X. EFFECTIVITY

This policy guidelines shall take effect fifteen (15) days after publication in a newspaper of general circulation.

Adopted: 27 March 2003

                                                                               
(SGD.) JORGE N. BERNARDO
  Vice-Chairman
  

  (SGD.) AUGUSTO B. SANTOS
  Director

(SGD.) JOAQUIN G. MENDOZA
  Director
  
(SGD.) MAGNO C. GAZA
  Director
(SGD.) ROSELLER Z. VALERA
  Director
  
(SGD.) CALIXTO R. CATAQUIZ
  Director
  
ATTESTED BY:
  
(SGD.) ATTY. ZENAIDA R. LAPUZ
  Acting Board Secretary



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