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PRESIDENTIAL DECREE No. 1152 PHILIPPINE ENVIRONMENTAL CODE WHEREAS, the broad spectrum of environment has become a matter of vital concern to the government; WHEREAS, the national leadership has taken a step towards this direction by creating the National Environmental Protection Council under Presidential Decree No. 1121; WHEREAS, it is necessary that the creation of the Council be implemented with the launching of a comprehensive program of environmental protection and management; WHEREAS, such a program can assume tangible and meaningful significance only by establishing specific environment management policies and prescribing environment quality standards in a Philippine Environment Code: NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree: Section 1. Short Title. This Decree shall be known and cited as the "Philippine Environment Code." TITLE I AIR QUALITY MANAGEMENT Section 2. Purposes. The purposes of this Title are: (a) to achieve and maintain such levels of air quality as to protect public health; and (b) to prevent to the greatest extent practicable, injury and/or damage to plant and animal life and property, and promote the social and economic development of the country. Chapter I Standards Section 3. Ambient Air Quality Standards. There shall be established ambient air quality standards which shall prescribe the maximum concentration of air pollutants permissible in the atmosphere consistent with public health, safety and general welfare. In the establishment of ambient air quality standards, factors such as local atmospheric conditions, location and land use, and available technology, shall be considered among others. Section 4. National Emission Standards. There shall be established national emission standards for new and existing stationary and mobile sources of pollution which shall consider among others such factors as type of industry, practicable control technology available, location and land use, and the nature of pollutants emitted. Section 5. Community Noise Standards. Appropriate standards for community noise levels shall be established considering, among others, location, zoning and land use classification. Section 6. Standards for Noise-Producing Equipment. There shall be established a standard for noise producing equipment such as construction equipment, transportation equipment, stationary engines, and electrical or electronic equipment and such similar equipment or contrivances. The standards shall set a limit on the acceptable level of noise emitted from a given equipment for the protection of public health and welfare, considering among others, the magnitude and condition of use, the degree of noise reduction achievable through the application of best available technology and the cost of compliance. The Installation of any noise-producing equipment shall conform with the requirements of Presidential Decree No. 1096 and other applicable laws as well as their implementing rules and regulations. Section 7. Aircraft Emission and Sonic Booms. Appropriate government agencies shall encourage research studies on the harmful effects of aircraft emissions in the environment in order to establish permissible emission standards.

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Philippine Environmental Code

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PRESIDENTIAL DECREE No. 1152PHILIPPINE ENVIRONMENTAL CODEWHEREAS, the broad spectrum of environment has become a matter of vital concernto the government;WHEREAS, the national leadership has taken a step towards this direction by creating the ational Environmental !rotection "ouncil under !residential #ecree o$%%&%;WHEREAS, it is necessary that the creation of the "ouncil be implemented with the launching of a comprehensive program of environmental protection and management;WHEREAS, such a program can assume tangible and meaningful significance only by establishing specific environment management policies and prescribing environment 'uality standards in a !hilippine Environment "ode()W, *HERE+)RE, ,, +ER#,A# E$ -AR")S, !resident of the Republic of the !hilippines, by virtue of the powers vested in me by the "onstitution, do hereby order and decree(Section 1. Short Title. *his #ecree shall be known and cited as the .!hilippine Environment "ode$.TITLE IAIR QUALITY MANAGEMENTSection 2. Purposes. *he purposes of this *itle are(/a0 to achieve and maintain such levels of air 'uality as to protect public health; and/b0 to prevent to the greatest e1tent practicable, in2ury and3or damage to plant and animal life and property, and promote the social and economic development of the country$Ch!te" IStn#"#$Section %. Ambient Air Quality Standards. *here shall be established ambient air 'uality standards which shall prescribe the ma1imum concentration of air pollutants permissible in the atmosphere consistent with public health, safety and general welfare$,n the establishment of ambient air 'uality standards, factors such as local atmospheric conditions, location and land use, and available technology, shall be considered among others$Section &. National Emission Standards. *here shall be established national emission standards for new and e1isting stationary and mobile sources of pollution which shall consider among others such factors as type of industry, practicable controltechnology available, location and land use, and the nature of pollutants emitted$Section 5. Community Noise Standards. Appropriate standards for community noise levels shall be established considering, among others, location, 4oning and land use classification$Section '. Standards for Noise-Producing Equipment. *here shall be established a standard for noise producing e'uipment such as construction e'uipment, transportation e'uipment, stationary engines, and electrical or electronic e'uipment and such similar e'uipment or contrivances$ *he standards shall set a limit on the acceptable level of noise emitted from a given e'uipment for the protection of public health and welfare, considering among others, the magnitude and condition of use, the degree of noise reduction achievable through the application of best available technology and the cost of compliance$*he ,nstallation of any noise5producing e'uipment shall conform with the re'uirements of !residential #ecree o$ %678 and other applicable laws as well as their implementing rules and regulations$Section (. Aircraft Emission and Sonic ooms. Appropriate government agencies shall encourage research studies on the harmful effects of aircraft emissions in the environment in order to establish permissible emission standards$Research and studies shall also be undertaken to mitigate and3or minimi4e the effectsof sonic booms in the environment$Ch!te" IIRe)*+tion n# En,o"ce-entSection .. Air Quality and Noise Standards. *he ational !ollution "ontrol "ommission in coordination with appropriate government agencies shall be responsible for the enforcement of ambient air 'uality emission and noise standards, including the monitoring and surveillance of air pollutants, licensing and permitting of air pollution control facilities, and the promulgation of appropriate rules and regulations$E1isting air 'uality emission and noise standards may be revised and3or modified consistent with new development and technology$Section /. Aircraft Noise. "ommunity noise standards around airports shall be implemented by the "ivil Aeronautics Administration in coordination with the ational !ollution "ontrol "ommission$Section 10. !ehicular Emissions. *he 9and *ransportation "ommission, in coordination with the ational !ollution "ontrol "ommission, shall implement emission standards for motor vehicles and may deputi4e other appropriate law enforcement agencies for the purpose$Section 11. "adioacti#e Emissions. *he release and emission of radioactivity into theenvironment incident to the establishment or possession of nuclear energy facilities and radioactive materials, handling, transport, production, storage, use and disposal of radioactive materials shall be regulated by the !hilippine Atomic Energy "ommission in coordination with other appropriate government agencies$Ch!te" IIIMonito"in)Section 12. Air Quality $onitoring. *he ational !ollution "ontrol "ommission, in coordination with appropriate government agencies, shall establish to the greatest e1tent practicable an air 'uality monitoring network$ Such air 'uality monitoring network shall put to ma1imum use the capabilities of these agencies$*he ational Environmental !rotection "ouncil shall be furnished with the results of air 'uality monitoring activities$Section 1%. %eather $odification. *he !hilippine Atmospheric, :eophysical and Astronomical Services Administration shall monitor regularly meteorological factors affecting environmental conditions in order to effectively guide air pollution monitoring activities$Activities relating to weather modification such as rainfall stimulation and storm seeding e1periments shall be undertaken in consultation and3or in coordination with the !hilippine Atmospheric, :eophysical and Astronomical Service Administration$TITLE II1ATER QUALITY MANAGEMENTSection 1&. Purpose. ,t is the purpose of this *itle to prescribe management guidelines aimed to protect and improve the 'uality of !hilippine water resources through(/a0 classification of !hilippine waters;/b0 establishment of water 'uality standards;/c0 protection and improvement of the 'uality of the !hilippine water resources, and/d0 responsibilities for surveillance and mitigation of pollution incidents$Ch!te" IC+$$i,iction n# Stn#"#$Section 15. Classification of Philippine %aters. *he ational !ollution "ontrol "ommission, in coordination with appropriate government agencies, shall classify !hilippine waters, according to their best usage$ ,n classifying said waters, the ational !ollution "ontrol "ommission shall take into account, among others, the following(/a0 the e1isting 'uality of the body of water at the time of classification;/b0 the si4e, depth, surface area covered, volume, direction, rate of flow, gradient of stream; and/c0 the most beneficial uses of said bodies of water and lands bordering them for residential, agricultural, commercial, industrial, navigational, recreational, and aesthetic purposes$Section 1'. "eclassification of %aters ased on &ntended eneficial 'se. Where the public interest so re'uires, the ational !ollution "ontrol "ommission, in coordinationwith appropriate government agencies, shall reclassify a body of water based on the intended beneficial use and take such steps as may be necessary to upgrade the 'uality of said water$ )ther government agencies may adopt higher standards for a particular body of water, sub2ect to the approval of the ational !ollution "ontrol "ommission$Section 1(. 'pgrading of %ater Quality. Where the 'uality of water has deteriorated to a degree where its state will adversely affect its best usage, the government agencies concerned shall take such measures as may be necessary to upgrade the 'uality of such water to meet the prescribed water 'uality standards$Section 1.. %ater Quality Standards. *he ational !ollution "ontrol "ommission shall prescribe 'uality and effluent standards consistent with the guidelines set by the ational Environmental !rotection "ouncil and the classification of waters prescribed in the preceding sections, taking into consideration, among others, the following(/a0 the standard of water 'uality or purity may vary according to beneficial uses; and/b0 the technology relating to water pollution control$Ch!te" IIP"otection n# I-!"o2e-ent o, 1te" Q*+it3Section 1/. Enforcement and Coordination. *he production, utili4ation, storage and distribution of ha4ardous, to1ic and other substances such as radioactive materials, heavy metals, pesticides, fertili4ers, and oils, and the disposal, discharge and dumping of untreated wastewater, mine tailings and other substances that may pollute any body of water of the !hilippines resulting from normal operations of industries, water5borne sources, and other human activities as well as those resulting from accidental spills and discharge shall be regulated by appropriate government agencies pursuant to their respective charters and enabling legislations$ ,n the performance of the above functions, the government agencies concern shall coordinate with the ational Environmental !rotection "ouncil and furnish the latter with such information as may be necessary to enable it to attain its ob2ectives under !residential #ecree o$ %%&%$Section 20. Clean-up (perations. ,t shall be the responsibility of the polluter to contain, remove and clean up water pollution incidents at his own e1pense$ ,n case ofhis failure to do so, the government agencies concerned shall undertake containment,removal and clean5up operations and e1penses incurred in said operations shall be charged against the persons and3or entities responsible for such pollution$Section 21. %ater Quality $onitoring and Sur#eillance. *he various government agencies concerned with environmental protection shall establish to the greatest e1tent practicable a water 'uality surveillance and monitoring network with sufficient stations and sampling schedules to meet the needs of the country$ Said water 'uality surveillance network shall put to ma1imum use the capabilities of such government agencies$ Each agency involved in such network shall report to the ational Environmental !rotection "ouncil the results of these monitoring activities as the need arises$TITLE IIILAND USE MANAGEMENTSection 22. Purpose. *he purposes of this *itle are(/a0 to provide a rational, orderly and efficient ac'uisition, utili4ation and disposition of land and its resources in order to derive therefrom ma1imum benefits; and/b0 to encourage the prudent use and conservation of land resources in order to prevent and imbalance between the nation;s needs and such resources$Section 2%. National )and 'se Scheme. *he Human Settlements "ommission, in coordination with the appropriate agencies of the government, shall formulate and recommend to the ational Environmental !rotection "ouncil a land use scheme consistent with the purpose of this *itle$*he 9and