Environmental Laws in Construction
Overview of key environmental laws affecting construction, including the EIS System, Clean Air Act, and Solid Waste Management Act.
Construction activities significantly alter the natural environment. To balance development with ecological preservation, the Philippines enforces several environmental laws that civil engineers must strictly follow.
Department of Environment and Natural Resources (DENR)
The primary government agency responsible for the conservation, management, development, and proper use of the country’s environment and natural resources.
The Environmental Management Bureau (EMB) under the DENR specifically handles environmental compliance and pollution control.
The Philippine Environmental Impact Statement (EIS) System
Presidential Decree No. 1586
Established the EIS System in 1978. It requires that no person, partnership, or corporation shall undertake or operate any declared environmentally critical project or project within an environmentally critical area without first securing an Environmental Compliance Certificate (ECC).
The EIS Process
Before securing a building permit or starting any physical construction, the project proponent must assess the potential environmental impacts of their proposed project.
Procedure
- Screening: Determine if the project is covered by the EIS System (Environmentally Critical Project or Area).
- Scoping: Identify the significant issues to be addressed in the study.
- EIA Study: Conduct an Environmental Impact Assessment (EIA) to predict and evaluate the likely impacts of a project, and design preventive, mitigating, and enhancement measures (an Environmental Management Plan or EMP).
- Review and Evaluation: The DENR-EMB reviews the EIA report.
- Decision: The issuance (or denial) of an Environmental Compliance Certificate (ECC).
Checklist
- Environmentally Critical Projects (ECPs): Heavy industries (petrochemical, smelting), resource extractive industries (mining, major forestry), infrastructure projects (major dams, major power plants, major reclamation).
- Environmentally Critical Areas (ECAs): National parks, tourist spots, habitats of endangered species, areas frequently visited by natural calamities, prime agricultural lands, recharge areas of aquifers, water bodies, mangrove areas, coral reefs.
- Certificate of Non-Coverage (CNC): Issued by the EMB certifying that a proposed project is not covered by the EIS System and is therefore not required to secure an ECC prior to implementation.
The Clean Air Act of 1999 (RA 8749)
This comprehensive air quality management policy aims to achieve and maintain healthy air for all Filipinos.
Key Provisions for Construction
Procedure
- Emission Standards: Strict emission standards for motor vehicles and industrial sources (e.g., generator sets, construction equipment).
- Prohibition on Open Burning: Burning of solid wastes is strictly prohibited.
- Permit to Operate: Required for stationary sources of air pollution (e.g., asphalt plants, concrete batching plants).
The Ecological Solid Waste Management Act of 2000 (RA 9003)
This law mandates a systematic, comprehensive, and ecological solid waste management program.
Checklist
- Segregation at Source: Solid waste must be segregated into compostable, recyclable, non-recyclable (residual), and special (hazardous) waste at the point of origin.
- Prohibition of Open Dumpsites: Requires the closure and rehabilitation of open dumpsites and promotes the establishment of sanitary landfills as the final disposal site for residual and special wastes.
- Construction Debris: Specifically requires the proper management and disposal of construction and demolition waste. Dumping debris in unauthorized areas is a serious offense.
The Philippine Clean Water Act of 2004 (RA 9275)
Aims to protect the country's water bodies from pollution from land-based sources.
Checklist
- Wastewater Discharge Permit: Required for any project or facility that discharges effluent into water bodies (e.g., temporary camps for large construction projects, concrete batching plants).
- Siltation Control: Strict regulations against discharging silt or sediment from construction sites into natural waterways. Silt traps and sedimentation ponds are mandatory.
Other Relevant Environmental Codes
Civil engineers must also be aware of specific codes relating to resource usage and specific geographical areas.
Checklist
- The Water Code of the Philippines (PD 1067): Governs the ownership, appropriation, utilization, exploitation, development, conservation, and protection of water resources. Any extraction of water for construction purposes or modification of natural waterways requires a water permit from the National Water Resources Board (NWRB). It also mandates strict easements along the banks of rivers, streams, and shores of the seas and lakes.
- The Revised Forestry Code of the Philippines (PD 705): Regulates the management, utilization, protection, rehabilitation, and development of forest lands. Construction within classified forest lands or timberlands is strictly prohibited without special agreements (like FLAg - Forest Land Use Agreement) with the DENR. It also regulates the cutting of trees, even on private land, requiring a permit from the DENR.
Key Takeaways
- The DENR-EMB regulates environmental compliance in the Philippines.
- PD 1586 established the EIS System.
- An Environmental Compliance Certificate (ECC) is a mandatory prerequisite for critical projects before construction begins.
- RA 8749 (Clean Air Act) prohibits open burning and regulates emissions from heavy equipment and batching plants.
- RA 9003 (Solid Waste Act) mandates segregation and prohibits the illegal dumping of construction debris.
- RA 9275 (Clean Water Act) requires wastewater discharge permits and strict siltation control.