WHEREAS, the Laguna Lake Development Authority (LLDA), is empowered under R. A. 4850, as amended, to promote and accelerate the balanced growth of the Laguna de Bay Region, with due regard and adequate provisions for environmental management and control, prevention of undue ecological disturbance, deterioration and pollution;

WHEREAS, Section 4(d) of R.A. 4850, as amended, expressly provides that the Authority shall issue the necessary clearance for all approved proposed plans, programs, and projects unless the proposals are not in consonance with those of the Authority or that those that will contribute to the unmanageable pollution of the Laguna Lake waters or will bring about the ecological imbalance of the Region;

WHEREAS, it is the policy of the Department of Environment and Natural Resources (DENR) to attain and maintain the orderly balance between the socio-economic growth and environmental protection through the sustainable use, development, management, renewal and conservation of the country's natural resources, including the protection and enhancement of quality of the environment, not only for the present generation but for the future generation;

WHEREAS, Presidential Decree 1586, Series of 1978 and its implementing rules and regulations, requires all agencies and instrumentalities of national government including Government Owned and Controlled Corporation (GOCC) and Local Government Units (LGUs) as well as private corporations, firms and entities, for every proposed projects and under takings which significantly affect the quality of the environment to undergo the Environmental Impact Statement System;

WHEREAS, the DENR Administrative Order No. 30, Series of 2003 and its revised procedural manual, ensure that environmental considerations were incorporated into the Environmental Impact Assessment (EIA) process at an early stage to streamline the current procedure in the conduct of the EIA process to improve the effectiveness as a planning, regulatory and management tool, and enhance maximum public participation.

WHEREAS, LLDA as an attached agency of the DENR under Executive Order No. 149, mandated to manage and protect an environmentally critical area which is the Laguna de Bay Region, issued Board Resolution No. 41, Series of 1997 (Adopting the definition of the development activities per DAO 96-37 and integrating such definition in the LLDA Rules and Regulations, thereby clarifying further the development activities to secure LLDA Clearance), Board Resolution No. 223, Series of 2004, (Further clarifying the definition of development activities required to secure LLDA Clearance) and Board Resolution No. 286, Series of 2006 (Adopting the Reckoning Period for Imposition of Administrative Fine for Operating without Valid LLDA Clearance and Discharge Permit), shall be modified or amended accordingly through this board resolution;

WHEREAS, it is essential for LLDA to adopt the Philippine Standard Industrial Classification (PSIC) which provides for a standard classification for productive economic activities in the country, in such a way that entities can be classified according to the economic activity that they carried out or in which they are engaged in;

WHEREAS, it is imperative to harmonize all developmental and economic activities within the Region to conform with the tenets of the various issuances, rules and regulations for effective and efficient environmental governance;

NOW, THEREFORE, premises considered, BE IT RESOLVED, as it is HEREBY RESOLVED, to approve the REVISED DEFINITION OF DEVELOPMENTAL ACTIVITIES REQUIRED TO SECURE LLDA CLEARANCE AND ITS IMPLEMENTING RULES AND REGULATIONS, copy of which is attached as annex A and made integral part hereof.

FINALLY, all existing rules and regulations which are inconsistent with this Resolution are hereby revoked, modified and repealed accordingly.

This Board Resolution shall take effect thirty (30) days upon publication in a newspa per of general circulation and to be registered in the U.P. Law Center's National Administrative Register.


Adopted: 24 March 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

Implementing Rules and Regulations of the Revised Coverage of Developmental Activities Required to Secure LLDA Clearance


RULE I GENERAL PROVISION

SECTION 1. TITLE. This shall be known as the Implementing Rules and Regulations of the Revised Coverage of Developmental Activities Required to Secure LLDA Clearance within the Laguna de Bay Region for effective implementation.

SECTION 2. PURPOSE. This implementing rules and regulations are implemented to ensure efficient and effective environmental governance affecting those productive economic activities required to secure LLDA Clearance.

SECTION 3. SCOPE and COVERAGE. These IRR shall cover all those developmental and productive economic activities within the Laguna de Bay Region, except those productive economic activities within the 12.5 meter elevation otherwise known as the shoreland of Laguna de Bay as defined under Section 41 of R.A. 4850 as amended.

SECTION 4. DEFINITION OF TERMS

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.

RULE II DEVELOPMENTAL ACTIVITIES

SECTION 5. PRESCRIBED DEVELOPMENTAL ACTIVITIES REQUIRED TO SECURE LLDA CLEARANCE:

 

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, cross cut 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 do mestic 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.

SECTION 6. OTHER PROVISION
 

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.

RULE III PROCEDURAL GUIDELINES

SECTION 7. DOCUMENTARY REQUIREMENTS

 

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 Registra tion 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.

The original copy or certified true copy of ECC, SEC-approved Articles of Incorporation or Certificate of Business Registration must be presented for authentication purposes. However, if the original copy of these documents is not available, a certified true copy thereof from respective government agencies should be presented.

SECTION 8. FEES AND CHARGES. Upon filling of application, the proponent shall pay the processing fee and the applicable clearance fee in accordance with the schedule of fees listed under B.R. 224, Series of 2004 (Annex C^* ), any proposed change in the fees and charges shall be covered by another Board Resolution.

If the previous application has been declared suspended and revoked pursuant to Section 10 of this IRR, the proponent shall submit a new application and pay anew the processing fees for LC and such fines and penalties as may be imposed thereon.

SECTION 9. LLDA CLEARANCE APPLICATION PROCESS. Upon submission of an application and supporting financial documents required, the processing of LLDA Clearance (Annex D^* ) shall be done in conformity with the approved LLDA Citizen Charter and shall be given an application number consistent with the model number system (Annex E^* ).

Any and all proposed ongoing or completed expansion inconsistent with the previously issued LC of an establishment shall be covered by a new LC. Change of name/ ownership shall require an establishment to apply for an amendment of the previously issued LC

SECTION 10. GROUNDS FOR SUSPENSION OR REVOCATION. After due notice and hearing, the Authority may suspend or revoke any valid clearance on the following grounds:

 

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.

RULE IV SANCTIONS

SECTION 11. ADMINISTRATIVE FINES

   
 

Classification of Violation			Amount
Establishment 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

However, for those previously exempted by Board Resolution No. 223 series of 2004, no administrative fine shall be imposed against establishments; provided that an application for LLDA Clearance has been filed within Six (6) months upon the effectivity of this issuance.

The imposition of administrative fine does not preclude the Authority from issuing any order or from instituting appropriate civil or criminal action in court as the circumstances may warrant.

SECTION 12. REPEALING CLAUSE. Any resolutions, issuances and other rules and regulations which are contrary to or inconsistent with this IRR are hereby repealed, amended and modified accordingly.

SECTION 13. EFFECTIVITY. This IRR shall take effect thirty (30) days upon publication in a newspaper of general circulation.

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^* Text Available at Office of the National Administrative Register  U.P. Law Complex, Diliman, Quezon City.