(NAR) VOL. 22 NO. 3, JULY - SEPTEMBER 2011
(SGD.) RAMON JESUS P. PAJE | |
Chairman | |
(SGD.) RODRIGO E. CABRERA | |
Vice-Chairman | |
ZENAIDA C. MAGLAYA (absent) | (SGD..)AUGUSTO B. SANTOS |
Director | Director |
(SGD.) MA. CRISTINA L. VELASCO | (SGD.) JEORGE "E.R." EJERCITO ESTREGAN |
Director | Director |
ELIONOR I. PILLAS (absent) | (SGD.) GIRLIE "MAITA" EJERCITO |
Director | Director |
ATTESTED BY: | |
| |
(SGD.) ATTY. JOHN ANDREW R. DE GUZMAN | |
Board Secretary V |
4.1 Barangay Micro Business Enterprises (BMBEs) — any business entity or enterprise
engaged in the production, processing or manufacturing of products or commodities, including agro-processing, trading and services, whose total assets including those arising from loans but exclusive of the land on which the particular business entity's office, plant and equipment are situated, shall not be more than Three Million Pesos (P3,000,000.00).
4.2 Combined wastewater — the sewage and industrial wastewater generation of an establishment.
4.3 Discharge — includes, but is not limited to, the act of spilling, leaking, pumping, pouring, emitting, emptying, releasing or dumping of any material into a water body or onto land from which it might flow or drain into said water.
4.4 Emission — any air contaminant, pollutant, gas stream or unwanted sound from a known source which is passed into the atmosphere.
4.5 Hazardous substances — 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, carcinogenicity (which in some cases result in acute exposure but a long latent period), resistance to detoxification process such as biodegradation, the Potential to pollute underground or surface waters.
4.6 Industrial wastewater — all wastewater from any producing, manufacturing, processing, commercial, agricultural or other operations where the wastewater discharged includes significant quantities of wastes of non-fecal origin.
4.7 Laguna de Bay Region — the watershed region of Laguna de Bay which include the provinces of Rizal and Laguna; the cities of San Pablo, Pasay, Caloocan, Quezon, Manila and Tagayaty; the towns of Tanuan, Sto. Tomas and Malvar in Batangas Province, the towns of Silang and Carmona in Cavite Province; the town of Lucban in Quezon Province, and the town of Marikina, Pasig, Taguig, Muntinlupa, and Pateros in Metro Manila as defined under Section 2 of Executive Order No. 927 including such other cities and municipalities created hereinafter.
4.8 Laguna de Bay Shoreland Area — also known as the "buffer zone" is that part of the lakebed along the lakeshore lying at elevation 12.50 meters and below and alternately submerged or exposed by the normal annual rising and lowering of the lake levels. Datum elevation is a point 10.00 meters below Mean Lower Low Water (M.L.L.W). This is a linearn strip of open space designed to separate incompatible elements or uses, or to control pollution/nuisance and for identifying and defining development areas or zones.
4.9 Sewage-water-borne human or animal wastes, excluding oil or oil wastes, removed from residences, buildings, institutions, industrial and commercial establishments together with such groundwater, surface water and storm water as maybe present including such waste from vessels, offshore structures, other receptacles intended to receive or retain wastes, or other places or the combination thereof.
4.10 Waste — any material either solid, liquid, semisolid, contained gas or other forms resulting from industrial, commercial, mining or agricultural operations, or from community and household activities that is devoid of usage and discarded.
4.11 Wastewater — waste in liquid state containing pollutants.
5.1 RESOURCE EXTRACTION INDUSTRY
5.1.1 Resource extractive industries or activities but not limited to mining, quarrying, dredging, water abstraction, logging, and treasure hunting;
5.1.2 Mining exploration activities involving geothermal and oil exploration except activities involving diamond drilling, trenching and test fitting.
5.2 AGRICULTURE INDUSTRY
5.2.1 Agro-industrial projects / livestock production including piggery, poultry and similar animal-raising farms (i.e. goat, cattle, crocodile, etc.) except the following:
5.2.1.1 Animal farms with a population of less than One Hundred (100) heads or less than Ten (10) sow level where One (1) sow level is equivalent to Ten (10) pigs; 5.2.1.2 Bird farms with a population of less than One Thousand (1,000) birds;
5.2.2 Abattoir/slaughterhouse with more than Ten (10) animals or One Hundred (100) birds slaughtered per day;
5.2.3 Fishpond and fish hatchery in earthen or concrete tanks and other related activities with a total area of One Thousand (1,000) square meters and above;
5.2.4 Agricultural production farms/facilities producing exotic species or for experimental purposes except integrated social forestry projects, flowers/ ornamental production, and landscaping activities;
5.2.5 Rice mill with multiple pass process and/or with a production capacity of One (1) ton per hour.
5.3. MANUFACTURING / INDUSTRY 5.3.1 All Industrial / manufacturing establishments, except the following:
5.3.1.1 Industry with no dust/air emission and no generation of process waste-water.
5.3.1.2 Industry with sewage generation of less than Twelve (12) cubic meters per day and/or less than Two Hundred Twelve (212) employees;
5.3.1.3 Industry in which raw materials/products does not have direct contact with cooling water/ coolant;
5.3.1.4 Barangay Micro Business Enterprises (BMBEs) as defined by R.A. 9178 except those which store/generate toxic/hazardous and/ or strongly/highly pollutive waste. All BMBEs are required to submit a certification from the appropriate agency/ies (i.e. DTI, DENR);
5.3.1.5 Garment/textile and other industry/ manufacturing without dyeing operation;
5.3.1.6 Bakery ovens and confectionery cookers where the products are edible and intended for human consumption;
5.3.1.7 Wooden assemblies having the following equipment: trimmers, crosscut saws, circular saws of less than Six Hundred (600) mm diameter in size and S2S type planers of not more than Three (3) units each provided that no spray painting/ varnishing activity (using air compressor) is involved;
5.3.1.8 Metal works which do not involve spray painting (using air compressor) and/or electroplating process; 5.3.1.9 Feed mill with machine-capacity not exceeding One (1) ton per hour;
5.3.1.10 Organic compost/fertilizer making not exceeding Five Hundred (500) metric tons per annum in capacity;
5.3.1.11 Cold storage/refrigeration facilities provided that no process (i.e. ice making, meat, fish or vegetable processing or other similar activities) is involved and /or with less than One(1) hectare floor area;
5.3.1.12 Storage/post harvest facilities and warehousing for non-hazardous/ non-toxic materials and substances with less than One (1) hectare floor area;
5.3.1.13 Traders and importers and exporters of non-hazardous materials or substances;
5.3.1.14 Brokers-forwarders, trucking, sea and airfreight services without re pair and maintenance facilities;
5.4. SERVICE INDUSTRY
5.4.1 Stand-alone fastfood stores, restaurants and similar establishments;
5.4.2 Laboratory, testing and research center, and other similar establishments that have potential sources of air and water pollution, and/or toxic/hazardous waste;
5.4.3 Fuel stations, fuel depots, fuel storage and refilling facilities, and other similar services;
5.4.4 Transport terminals with repair/maintenance, support facilities and/or fuel refilling facility/station (i.e. land, airports, ferry, passenger/cargo terminals);
5.4.5 Car washing with engine and/or under body/chassis washing;
5.4.6 Establishment with combined wastewater generation of Twelve (12) cubic meters per day and above; 5.4.6.1 Laundry services including dry cleaning and/or steam laundry;
5.4.6.2 Auto-repair and maintenance shop and similar services;
5.4.6.3 Auto/industrial machine shops; 5.4.6.4 Water refilling station. 5.5. SITE DEVELOPMENT/INFRASTRUCTURE PROJECTS
5.5.1 Site development projects such as residential subdivision, industrial park/estate including raw lands;
5.5.2 Memorial parks, cemeteries, burial, crematorium, columbarium, funeral parlor/establishments with embalming facilities, and other similar activities;
5.5.3 Structures with a total floor and facility area (including parking and other developed spaces) of One Thousand (1,000) square meters and above:
5.5.3.1 Human occupancy structures such as but not limited to: condominium, hotel, motel, dormitory, apartment and other office/residential/commercial buildings; except Individual family dwellings/houses, places of worship such as churches, temples, synagogues, chapels, mosque and other similar projects regardless of area;
5.5.3.2 Commercial establishments such as markets, groceries, supermarkets/shopping centers, malls (shopping center with cinemas, boutiques/ shops, department store, supermarket, etc.) and other similar activities;
5.5.3.3 Recreation and entertainment projects (with commercial, lodging, restaurants) such as but not limited to; golf courses, recreational complex, cockpit arena, theme parks, zoos, resorts, public swimming or bathing places; and indoor recreational facilities such as but not limited to; theaters, amphitheaters, museums, wellness centers, and/or with combined wastewater generation of Twelve (12) cubic meters per day and above;
5.5.3.4 Health related projects such as hospitals, laboratories, medical centers, clinics, lying-in, and other similar institutions which uses and generates toxic and hazardous substances/waste; 5.5.3.5 Educational services such as schools (pre-elementary, elementary, secondary, special, specialized, etc.), institutes and universities, and/ or with combined wastewater generation of Twelve (12) cubic meters per day and above;
5.5.3.6 Television/radio stations and other similar establishments/facilities/ projects;
5.5.4 Telecommunication facilities such as cell sites, transmission and telecommunication towers except the following:
5.5.4.1 Indoor antenna;
5.5.4.2 Based transceiver station (refers to equipment housing only and does not involve installation of a tower, based transceiver station antenna without equipment room or tower, and based transceiver station mounted on any existing structure);
5.5.4.3 Installation on top of a building, wall mounted and floor mounted; 5.5.4.4 Pole and parapet mounted antennae;
5.5.4.5 Monopole tower; and
5.5.4.6 Guy tower.
5.5.5 Infrastructure projects such as roads, bridges, viaducts, tunnels, railways, power plants, power transmission sites and substations, water abstraction/water treatment facilities, water impounding structures, dams including back filling, reclamation, and other engineering projects involving earth moving or physical alteration of the area except the following:
5.5.5.1 Power plants with capacity less than or equal to One (1) megawatts;
5.5.5.2 Substation/switchyard with rated capacity less than or equal to Eighty Three (83) megavolt ampere;
5.5.5.3 Construction of temporary or permanent minor structures or facilities accessory to existing installations, provided that such installations are allowable, conforming or in conformity with local zoning ordinances and/or the National Building Code, such as signs, fences, curbs, gutters, sidewalks, driveways abutting existing streets, and pedestrian overpass, etc;
5.5.5.4 Enhancement/mitigating projects of soil erosion control measures through either vegetative (e.g. planting/ reforestation, bench-brush, fascine, etc.)or engineering/ structural (e.g. check dams, gabions, riprap/retaining walls, etc.); and
5.5.5.5 Rehabilitation of existing structures (including maintenance and repair works involving negligible, no expansion nor change of land use beyond that which is/was previously existing).
5.5.6 Demolition or abandonment of dangerous or condemned buildings and facilities with previously stored/used toxic/hazardous substances;
5.6. WASTE MANAGEMENT PROJECTS
5.6.1 Waste disposal sites (i.e. sanitary landfill), waste processing facilities, transfer stations and other similar projects except Receiving/recycling facilities (material segregation only) for paper, plastic and other non-hazardous materials such as material recovery facilities, junkshop and other similar facilities;
5.6.2 Wastewater treatment facility (service provider) except those purely treating domestic wastewater of less than Twelve (12) cubic meters per day.
5.7. OTHER DEVELOPMENTAL ACTIVITIES
5.7.1 Any project, activity or establishment which uses/stores toxic/hazardous substances and/or dangerous goods such as explosives, compressed gases, corrosive, poisonous, and other similar substances;
5.7.2 Any operation, technology, process or activity resulting to the discharge of contaminants to land air and water. It includes use of hazardous or toxic materials; or produces and requires the disposal of waste materials that will pose health hazards, or will generate significant amount of organic solid wastes.
6.1 Any development projects/activities established before 1976 are exempted from securing LLDA Clearance provided the following conditions are met by the proponent/company: 6.1.1 Has not ceased operations for a period of Two (2) consecutive years since 1976; 6.1.2 Has not expanded in terms of production output, new product areas of coverage, number of heads, etc., whichever is applicable; and 6.1.3 Do not process/use/store toxic and hazardous substances. 6.2 Under this new issuance, establishments that are exempted by Board Resolution No. 223 series of 2004 shall now be covered and required to secure LLDA Clearance.
7.1 For LLDA Clearance (LC) and LC Expansion (LX) Application:
7.1.1 Duly accomplished and notarized Application Form (Annex A);
7.1.2 Environmental Compliance Certificate or Certificate of Non-Coverage, whichever is applicable;
7.1.3 SEC-approved Articles of Incorporation (for corporation) or Articles of Cooperative duly approved by CDA (for cooperative) or valid Certificate of Business Registration from the Department of Trade and Industry (for single proprietorship);
7.1.4 Locational Clearance, if available;
7.1.5 Environmental Impact Assessment, Initial Environmental Examination, or Project Description/Engineer's Report, (Annex B*) whichever is applicable;
7.1.6 Plans (site development plan, vicinity plan, and drainage/sewer plan) duly signed by the chief executive officer/owner and engineer
7.1.7 Shoreland Certification.
7.2 For LLDA Clearance Exemption (LE) Application: 7 2.1 Duly accomplished and notarized Application Form;
7.2.2 Project Description;
7.2.3 Vicinity Map;
7.2.4 SEC-approved Articles of Incorporation (for corporation) or Articles of Cooperative duly approved by CDA (for cooperative) or valid Certificate of Business Registration from the Department of Trade and Industry (for single proprietorship), or certification that business is classified as a Barangay Micro Business Enterprise;
7.2.5 Shoreland Certification.
7.3 For LLDA Clearance Amendment (LA) (change of ownership/name):
7.3.1 Letter request signed by the Chief Executive Officer;
7.3.2 Copy of amended SEC-approved Articles of Incorporation (for corporation) or Articles of Cooperative duly approved by CDA (for cooperative) or valid Certificate of Business Registration from the Department of Trade and Industry (for single proprietorship);
7.3.3 Copy of amended Environmental Compliance Certificate or Certificate of Non-Coverage, whichever is applicable;
7.3.4 Copy of previous LC.
10.1 Non-compliance with or violation of any provision of RA 4850 as amended, this IRR, and/or permit conditions; 10.2 Deliberate or negligent submission of false information in the application; 10.3 Refusal to allow inspection of duly authorized by the Authority; 10.4 Refusal to comply with sanctions in case an earlier suspension was imposed; 10.5 Other lawful and-val id causes and grounds provided bylaw.
Classification of Violation AmountEstablishment developing/constructing/operating without LC Without Notice of Violation (NOV) PhP 5,000.00 With NOV PhP 5,000.00/year reckoned from the receipt of the NOV Violation of Clearance Condition PhP 5,000.00/violation of condition