REPUBLIC ACT NO.
8749
PHILIPPINE CLEAN AIR ACT OF 1999
SEC. 4. Recognition of Rights. - Pursuant to the above-declared
principles, the following rights of citizens are hereby sought to be
recognized and the State shall seek to guarantee their enjoyment:
[a] The right to breathe clean air;
[b] The right to utilize and enjoy all natural resources according to the principles
of sustainable development;
[c]
The
right
to
participate
in
the
monitoring of environmental policies
formulation,
planning,
implementation
and
and programs and in the decision-making process;
[d] The right to participate in the decision-making process concerning development
policies, plans and
programs projects or activities that may have adverse impact on
the environment and public health;
[e] The right to be informed of the nature and extent of the potential hazard of any
activity, undertaking or project
rise
in
the
level
of
and to be served timely notice of any significant
pollution
and
the
accidental
or
deliberate
release into the atmosphere of harmful or hazardous substances;
[f] The right of access to public records which a citizen may need to exercise his or
her rights effectively under
[g]
The
right
activities
in
to
bring
violation
this Act;
action
of
in
court
environmental
or
quasi-judicial
laws
and
bodies
regulations,
to
enjoin
all
to
compel
the
rehabilitation and cleanup of affected area, and to seek the imposition of
penal
sanctions against violators of environmental laws; and
[h] The right to bring action in court for compensation of personal damages resulting
from the adverse
environmental and public health impact of a project or activity.
SEC. 5. Definitions.- As used in this Act:
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b) Air pollution means any alteration of the physical, chemical and
biological properties of the atmospheric air, or any discharge thereto
of any liquid, gaseous or solid substances that will or is likely to
create or to render the air resources of the country harmful,
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;
SEC. 16. Permits.- Consistent with the provisions of this Act, the
Department shall have the authority to issue permits as it may
determine necessary for the prevention and abatement of air pollution.
SEC. 18.
the
Financial Liability for Environmental Rehabilitation.- As part of
environmental
management
plan
attached
to
the
environmental
compliance
certificate pursuant to Presidential Decree No. 1586 and rules and
therefor,
financial
the
Department
shall
require
program
and
project
regulations set
proponents
to
put
up
guarantee mechanisms to finance the needs for emergency response, clean-up
rehabilitation
of
areas
that
may be damaged during the program or projects actual 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 Department and incorporated into the environmental
compliance
certificate.
Financial
liability
instruments
may
insurance, surety bonds, letters of
be
in
the
form
trust
fund,
environmental
credit, as well as self-insurance. The choice of
the guarantee instruments shall furnish the Department with
evidence of availment of
such instruments.
SEC. 20.
Ban on Incineration.- Incineration, hereby defined as the burning of
municipal, biomedical and
hazardous waste, which process emits poisonous and toxic
fumes is hereby prohibited; Provided, however,
to
traditional
traditional,
small-scale
agricultural,
Provided, further, That
method
of
cultural,
That the prohibition shall not apply
community/neighborhood
health,
and
food
sanitation
preparation
and
siga,
crematoria;
existing incinerators dealing with a biomedical wastes shall
be out within three (3) years after the effectivity of
this Act; Provided, finally,
that in the interim, such units shall be limited to the burning of pathological
and
infectious wastes, and subject to close monitoring by the Department.
Local government units are hereby mandated to promote, encourage and implement in
their
respective
jurisdiction
comprehensive
includes waste segregation, recycling and
ecological
waste
management
that
composting.
With due concern on the effects of climate change, the Department shall promote the
use of state-of-the-art,
handling,
treatment,
environmentally-sound and safe non-burn technologies for the
thermal
destruction,
utilization,
and
disposal
of
sorted,
unrecycled, uncomposted, biomedical and hazardous wastes.
SEC. 24. Pollution from smoking.- 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 ones private residence,
private place of work or any duly designated smoking area is hereby
prohibited under this Act. This provision shall be implemented by the
LGUs.
SEC. 25. Pollution from other mobile sources.- The Department, in
coordination with appropriate agencies, shall formulate and establish
the necessary standards for all mobile sources other than those
referred to in Sec. 21 of this Act. The imposition of the appropriate
fines and penalties from these sources for any violation of emission
standards shall be under the jurisdiction of the DOTC.
SEC. 28.
device
Misfueling.- In order to prevent the disabling of any emission control
by
lead
contamination,
no
person
shall
introduce
or
introduction of leaded gasoline into any motor vehicle equipped
or
allow
the
with a gasoline tank
unleaded gasoline only. This prohibition shall also
filler inlet and labeled
apply to any
cause
person who knows or should know that such vehicle is designed solely for
the use of unleaded gasoline.
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Prohibition on Manufacture, Import and Sale of leaded Gasoline
and of Engines and/or Components Requiring Leaded Gasoline.- Effective not
SEC. 29.
later than eighteen (18) months after the enactment of this Act, no
manufacture,
import,
sell,
otherwise dispose of,
offer
for
sale,
introduce
into
person shall
commerce,
convey
or
in any manner, leaded gasoline and engines and components
requiring the use of leaded gasoline.
For existing vehicles, the DTI shall formulate standards and procedures that will
allow non-conforming engines
to comply with the use of unleaded fuel within five(5)
years after the effectivity of this Act.
SEC. 33. Radioactive Emissions.- All projects which will involve the use
of atomic and/or nuclear energy, and will entail release and emission
of radioactive substances into the environment, incident to the
establishment or possession of nuclear energy facilities and
radioactive materials, handling, transport, production, storage,
and use of radioactive materials, shall be regulated in the interest
of public health and welfare by the Philippine
Nuclear Research Institute (PNRI), in coordination with Department and
other appropriate government
agencies.
SEC. 34.
Lead Agency.- The Department, unless otherwise provided herein, shall be
the primary government
agency responsible for the implementation and enforcement of
this
effective
Act.
To
be
more
in
this
regard,
The
Departments
Management Bureau (EMB) shall be converted from a staff bureau to a line
period
of
no
environmental
SEC. 35.
and
more
than
two
(2)
years,
unless
separate,
Environmental
bureau for a
comprehensive
management agency is created.
Linkage Mechanism.- The Department shall consult, participate, cooperate
enter
into
agreement
with
other
government
agencies,
or
with
affected
non-
governmental (NGOs) or peoples organizations
(POs),or private enterprises in the
furtherance of the objectives of this Act.
SEC. 36.
Role of Local Government Units.- Local Government Units (LGUs) shall
share the responsibility in the
management and maintenance of air quality within
their territorial jurisdiction. Consistent with Sections 7, 8 and 9 of
shall
implement
air
quality
jurisdiction; Provided,
standards
set
by
the
Board
in
areas
this Act, LGUs
within
their
however, That in case where the board has not been duly
constituted and has not promulgated its standards,
the standards set forth in this
Act shall apply.
The Department shall provide the LGUs with technical assistance, trainings and a
continuing
capability-building program to prepare them to undertake full administration of the
air quality management and
SEC. 40.
regulation within their territorial jurisdiction.
Administrative Action.- Without prejudice to the right of any affected
person to file an administrative
action, the Department shall, on its own instance or
upon verified complaint by any person, institute
administrative proceedings against
any person who violates:
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(a) Standards or limitation provided under this Act; or
(b) Any order, rule or regulation issued by the Department with respect to such
standard or limitation.
SEC. 41.
Citizen Suits.- For purposes of enforcing the provisions of this Act or
its implementing rules and
regulations, any citizen may file an appropriate civil,
criminal or administrative action in the proper courts
against:
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(a) Any person who violates or fails to comply with the provisions of this Act or its
implementing rules and
regulations; or
(b) The Department or other implementing agencies with respect to orders, rules and
regulations issued
inconsistent with this Act; and/or
(c) Any public officer who willfully or grossly neglects the performance of an act
specifically
enjoined
as
duty
by
this
Act
or
its
implementing
rules
regulations; or abuses his authority in the performance of his duty; or,
and
in any
manner, improperly performs his duties under this Act or its implementing rules and
regulations:
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Provided, however, That no suit can be filed until thirty-day (30)
notice has been taken thereon.
The court shall exempt such action from the payment of filing fees, except fees for
actions not capable of
pecuniary estimations, and shall likewise, upon prima facie
showing of the non-enforcement or violation
complained of, exempt the plaintiff from
the filing of an injunction bond for the issuance of a preliminary
injunction.
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Within thirty (30) days, the court shall make a determination if the compliant herein
is malicious and/or baseless
and shall accordingly dismiss the action and award
attorneys fees and damages.
SEC. 42.
Independence of Action.- The filing of an administrative suit against
such person/entity does not
preclude the right of any other person to file any
criminal or civil action. Such civil action shall proceed
independently.
Suits and Strategic Legal Actions Against Public Participation
and the Enforcement of This Act.- Where a suit is brought against a person who
SEC. 43.
filed
an
action
as
provided
in
Sec.
41
of
this
Act,
or
against
any
person,
institution or government agency that implements this Act, it shall be the duty of the
investigating
prosecutor or the court, as the case may be, to immediately make a
determination not exceeding thirty (30)
days whether said legal action has been filed
to harass, vex, exert undue pressure or stifle such legal
recourses of the person
complaining of or enforcing the provisions of this Act. Upon determination thereof,
evidence warranting the same, the court shall dismiss the case and award attorneys
fees and double
damages.
This provision shall also apply and benefit public officers who are sued for acts
committed in their official
capacity, their being no grave abuse of authority, and
done in the course of enforcing this Act.
SEC. 44.
Lien Upon Personal and Immovable Properties of Violators.- Fines
and penalties imposed pursuant to
this Act shall be liens upon personal or immovable
properties of the violator. Such lien shall, in case of insolvency
of the respondent
violator, enjoy preference to laborers wages under Articles 2241 and 2242 of Republic
Act No. 386, otherwise known as the New Civil Code of the Philippines.
SEC.
48.
Gross Violations.- In case of gross violation of this Act or its
implementing rules and regulations, the
PAB shall recommend to the proper government
agencies to file the appropriate criminal charges against the
violators. The PAB
shall assist the public prosecutor in the litigation of the case. Gross violation
shall mean:
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[a]
three (3) or more specific offenses within a period of one (1) year;
[b]
three
(3)
or
more
specific
offenses
with
three (3) consecutive years;
[c] blatant disregard of the orders of the PAB, such s but not limited to the
breaking
of
seal,
padlocks
and
existence of an order for closure,
other
similar
devices,
or
operation
despite
the
discontinuance or cessation of operation; and
[d] irreparable or grave damage to the environment as a
consequence of any violation
of the provisions of this Act.
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 the officials directly in charge of the operations shall suffer the penalty
herein
provided. .
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