Providing for The Revision of Republic Act No. 3931, Commonly Known as The Pollution Control Law, and For Other Purposes

Case Overview and Summary

Summary of Presidential Decree No. 984 (National Pollution Control Decree of 1976)

Statement of Policy (Section 1)
- Declares a national policy to prevent, abate and control pollution of water, air and land for effective resource utilization.

Definitions (Section 2)
- Defines key terms such as "pollution", "sewage", "industrial waste", "other waste", "sewage system", "treatment works", "sewage works", "outlet", "Commission", and "person".

Creation of National Pollution Control Commission (Section 3)
- Establishes the National Pollution Control Commission under the Office of the President.
- Headed by a full-time Commissioner and two Deputy Commissioners (one for standard-setting and monitoring, one for enforcement).
- Qualifications and appointment process for the Commissioner and Deputy Commissioners.

Inter-Agency Advisory Council (Section 4)
- Creates an Inter-Agency Advisory Council composed of representatives from various government agencies and authorities.
- The Commissioner heads the Council, and private sector representatives may be invited.

Organization of the Commission (Section 5)
- The Commission shall have divisions for water pollution control, air pollution control, research and development, legal affairs, and administration.
- Establishes regional offices as necessary.
- Authorizes the Commission to secure services from other agencies, employ consultants, and conduct scientific experiments and research.

Powers and Functions of the Commission (Section 6)
- Determine the extent and causes of pollution, and take measures to prevent or abate it. (6a)
- Develop comprehensive plans for pollution abatement and prevention. (6b)
- Issue standards, rules, and regulations for sewage works and industrial waste disposal systems, and issue permits. (6c, 6d, 6g)
- Issue orders or decisions to compel compliance, and make orders for discontinuance of pollution. (6e, 6f)
- Set up effluent, stream, ambient and emission standards. (6i)
- Act as arbitrator for determining reparations or restitution for pollution damages. (6j)
- Deputize or request assistance from other agencies for enforcement. (6k)
- Cooperate with other agencies and groups for pollution control. (6l)
- Collect and disseminate information on pollution. (6m)
- Authorize representatives to enter properties for inspection and investigation. (6n)
- Prepare and submit annual and periodic reports. (6o)
- Exercise other necessary powers and functions. (6p)

Public Hearings and Appeals (Section 7)
- Public hearings required before issuing orders or decisions for discontinuance of pollution discharges, except in cases of immediate threat where ex-parte orders may be issued. (7a)
- Procedures for appeals and judicial review of Commission decisions. (7b, 7c)
- Enforcement and execution of final Commission decisions. (7d)

Prohibitions (Section 8)
- Prohibits the disposal of organic or inorganic matter or substances that cause pollution into water, air, and land resources.
- Requires permits for construction, installation, modification or operation of sewage works, industrial waste disposal systems, or establishments that discharge wastes.

Penalties (Section 9)
- Fines of up to 5,000 pesos per day for violating Commission orders, decisions or regulations, with potential closure or stoppage of operations for non-payment. (9a)
- Fines of up to 1,000 pesos per day or imprisonment of 2-6 years, or both, for violating Section 8 or Commission orders/decisions. (9b)
- Fines of up to 200 pesos or imprisonment of up to 1 month for obstructing Commission representatives. (9c)
- Liability for damages for causing death of fish or aquatic life. (9d)
- Penalties apply to managing heads of juridical persons. (9e)

Jurisdiction (Section 10)
- Excludes jurisdiction over waterworks or sewage systems operated by the Metropolitan Waterworks Sewerage System.
- Commission rules and regulations supersede those of other agencies on pollution control.
- Consultation with development authorities for specific human settlement or regional projects.

Appropriations (Section 11)
- Appropriates at least 5 million pesos yearly for the Commission's operating expenses.

Repealing Clause (Section 12)
- Repeals or modifies inconsistent provisions of laws, decrees, orders, rules and regulations.

Effectivity (Section 13)
- The Decree takes effect immediately.