SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES i}
First Regular Session )

HOUSE OF REPRESENTATIVES.

introduced by Representative Rufus B. Rodriguez and
Representative Maximo B, Rodriguez, Jr.

House BillNo. 2938
EXPLANATORY NOTE

The Constitution, Article 11, Section 16, provides that the State shall
protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature

Our shores have been increasingly polluted making it harmful for
human contact and causing a decline in species diversity in marine life. One
major cause of the pollution of our shores is the indiscriminate unloading of
municipal and commercial waste from shipping vessels.

In accordance with the constitutional mandate, this bill provides
regulatory measures with regard to shipping vessels for the protection of
Philippine shores as well as penalties for violations of its provisions.

Hence, immediate approval of this proposed measure is earnestly
sought

<I
RUFPS B. RODRJSUEZ

MAXIMO B, RODRIGUEZ, JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 2938
AN ACT

REGULATING SHIPPING VESSELS COASTING PHILIPPINE WATERS
FOR THE PROTECTION OF SHORES

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Short Title. - This Act may be cited as the “Shore Protection
Act.”

SEC 2. Definition of Terms. - For purposes of this Act the terms:

(1) “coastal waters” means -
a) the territorial sea of the Philippines;
b) the lakes and their connecting waters;
©) the marine and estuarine waters of the Philippines to the head of tidal
influence; and
d) the Exclusive Economic Zone as established by existing laws.

(2) ‘municipal or commercial waste” means
a) solid waste;
b) waste generated by the vessels during normal operations;
¢) debris solely from construction activities;
d) sewage sludge; and
e) dredge or fill material subject

(3) “person” means an individual, trust, firm, joint stock company, corporation,
including government owned and controlled corporation, partnership,
association, and political subdivision of the government;

(4) “receiving facility’ means a facility or operation where municipal or
commercial waste is unloaded from a vessel;

(6) “waste source" means a facility or vessel from which municipal or
commercial waste is loaded unto vessels, including any rolling stock or motor
vehicles from which that waste is directly loaded.


SEC 3. Vessels Permits and Numbers. - (a) In General. - A vessel may not
transport municipal or commercial waste in coastal waters without (1) a permit
for that vessel from the Secretary of Environment and Natural Resources; and
(2) displaying a number or other markings on the vessel as prescribed by the
Secretary of Transportation and Communications.

(b) Permit Applications. - Application for a permit required by this Act shall be
made by the vessel owner or operator and includes-
(1) the name, address, and telephone number of the vessel owner and
operator;
(2) the vessel's name and identification number;
(3) the vessel's area of operation;
(4) the vessel's transport capacity;
(5) a short history of the types of cargo transported by that vessel
during the previous year, including identification of the type of
municipal or commercial waste transported as -
i. municipal waste;
ii, commercial waste;
ili, medical waste; or
iv. waste of another character.
(6) any other information the Secretary may require; and
(7) an acknowledgment.

(0) Effective Date of Permits. - A permit issued under this Section. ~
(1) is effective thirty (30) days after the date it was issued;
(2) may be issued only for a period of not more than five (5) years after
the effective date of permit;
(3) may be renewed for periods of not more than 5 years only by the
vessel's owner or operator that applied for the original permit; and
(4) is terminated when the vessel is sold.

(4) Denial of Permits. - The Secretary of Transportation and Communications
may, or at the request of the Secretary of Environment and Natural
Resources, deny the issuance of a permit for any vessel if the owner or
operator of the vessel has a record of a pattern of serious violations of this Act
and other related environmental laws, rules and regulations.

(e) Permit Decision. - The Secretary of Transportation and Communications
after consultation with the Secretary of Environment and Natural Resources,
shall issue or deny a vessel permit under this section within thirty (30) days
after receiving a complete application. On denying the issuance of the permit
for a vessel, the Secretary of Transportation and Communications shall:

(4) notify the applicant of the denial and reasons for the denial; and

(2) provide an opportunity for a hearing on the denial.

(f) Maintaining Permit. -

(1) In General. - The permit issued for a vessel under this title shall be
maintained in a manner prescribed by the Secretary of Transportation and
Communications.


(2) Endorsements. - If a vessel is a documented vessel, the Secretary
of Transportation and Communications may endorse a permit on the vessel's
certificate of documentation

SEC 4. Waste Handling Practices. - (A) In General. - (1) Loading, - The
‘owner or operator of the waste source shall take all reasonable steps to
assure that all municipal or commercial waste is loaded into a vessel in a
manner that assures that waste deposited in coastal waters is minimized

(2) Securing. - The owner or operator of a vessel shall assure that all
municipal or commercial waste will not be deposited into coastal waters
during transport

(3) Offloading, - The owner or operator of the receiving facility shall take all
reasonable steps to assure that any municipal or commercial waste is
offloaded from a vessel in a manner that assures that waste deposited into
coastal waters is minimized

(4) Cleaning. - The Secretary of Environment and Natural Resources in
consultation with the Secretary of Transportation and Communications, shall
prescribe regulations:

(i) requiring that waste sources, receiving facilities, and vessels are
provided with means and facilities to assure that the waste will not be
deposited into coastal waters during loading and offloading;

(ii) requiring, as appropriate, the submission and adoption by each,
responsible party of an operation and maintenance manual identifying
procedures to be used to prevent, report and clean up any deposit of
municipal or commercial waste into coastal waters, including record keeping
requirements; and

(ili) determining tracking systems required to assure adequate
enforcement of laws preventing the deposit of municipal or commercial waste
into coastal waters requiring installation of the appropriate systems.

SEC 5. Suspension, Revocation and Injunctions, - (a) Suspension and
Revocation. — After notice and opportunity for a hearing, the Secretary of
Department of Transportation and Communications may suspend or revoke a
permit issued to a vessel under this title for a violation of this Act or a
regulation prescribed under this Act

(b) Injunctions, - The Secretary of Transportation and Communications
or the Secretary of Environment and Natural Resources may bring, a civil
action to enjoin any operation in violation of this Act or a regulation prescribed
under this Act before the appropriate court in whose jurisdiction the violation
occurred.

SECTION 6. Enforcement. -

(a) Periodic Examinations. - The Secretary of Transportation and
Communications shall conduct periodic examinations of vessels transporting
municipal or commercial waste to determine that each of these vessels has a
permit issued under this Act


(b) Denial of Entry and Detention. - If a vessel does not comply with this Act,
the Secretary of Transportation and Communications may-

(1) deny entry to any place in the Philippines; and

(2) detain at the place in the Philippines from which it is about to
depart.

() Persistent Violators. - The Secretary of Environment and Natural
Resources shall conduct an investigation of the owner or operator of a vessel
or facility if the owner has five (5) or more separate violations during a six (6)
month period

SEC 7. Subpoena Authority - In an investigation under this Act, the
attendance and testimony of witnesses, including parties in interest, and the
production of any evidence may be compelled by subpoena. The subpoena
authority granted by this Section is coextensive with that of a Regional Trial
Court, in civil matters, of the place in which the investigation is conducted.

(b) Subpoena Authority. - An official designated by the Secretary of
Transportation and Communications or Secretary of Environment and Natural
Resources to conduct an investigation under this Act may issue subpoenas as
provided in this section and administer oaths to witnesses.

(c) Failure to Comply. - When a person falls to obey a subpoena issued under
this section, the appropriate court in whose jurisdiction the investigation is
conducted or in which the person failing to obey is found shall, on proper
application, issue an order directing that person to comply with the subpoena
The court may punish as contempt any disobedience of its order

(d) Witness Fees. - A witness complying with a subpoena issued under this
section may be paid for actual travel and attendance at the rate which is to be
determined by the Secretary of Transportation and Communications and the
Secretary of Environment and Natural Resources.

SEC 8. Fees. - The Secretary of Transportation and Communications may
collect a fee of not more than Thirty Thousand Pesos (P30,000.00) from each
person to whom a permit is issued under this Act for a permitting system and
to maintain an information system

SEC 9. Imposition of Fine.- (a) General Procedures. - After notice and an
opportunity for a hearing, a person found by the Secretary of Transportation
and Communications to have violated this Act shall be liable for the payment
of a fine in an amount to be assessed and determined by the Secretary of
Transportation and Communications by written notice. In determining the
amount of the fine, the Secretary of Transportation and Communications shall
consider the nature, circumstances, and extent of the prohibited acts
committed and, with respect to the violator, degree of culpability, any history
of prior offenses, ability to pay, and other matters that justice requires.


(b) Compromise. - The Secretary of Transportation and Communications may
compromise, modify, or remit, with or without consideration a fine under this
Act until the matter is referred to the Solicitor General

(c) Referral to the Solicitor General. - If a person fails to pay the fine as
determined by the Secretary of Transportation and Communications and after
it has become final, the Secretary of Transportation and Communications pay
refer the matter to the Solicitor General for the collection in an appropriate
court of the Philippines.

(d) Refund of Penalty. - The Secretary of Transportation and Communications
may refund or remit the fine collected under this Act if (1) application has been
made for refund or remission of the fine within one year from the date of
payment; and (2) the Secretary of Transportation and Communications finds
that the fine was unlawfully, improperly, or excessively imposed.

SEC 10, Penalties. - (a) Amount of Fine. - Except as provided in Section 9 of
this Act, a person violating any provision of this Act shall be held liable to the
government for a fine of not more than P 150,000.00, Each day of a
continuing violation is a separate violation. A vessel involved in the violation
also is liable in rem for the penalty.

(b) Operating without a Permit. - A person violating any provision of this Act
shall be held liable to the government for a fine of not more that P 250,000.00.
Each day of continuing violation is a separate violation. A vessel involved in
the violation also is liable in rem for the penalty.

(c) Criminal Liability. - Any person that knowingly violates, or that knowingly
aids, abets, authorizes, or instigates a violation of this Act shall be imprisoned
for not more than six (6) years, or be fined, or both.

(d) Rewards for Information. - The Secretary of Transportation and
Communications, or the Secretary of Environment and Natural Resources, as
the case may be, may pay a renewal of up to one-half of a fine or penalty to
any person giving information leading to the assessment of the fine.

SEC 11. Study and Recommendation. - (a) Study. - The Secretary of
Environment and Natural Resources, in consultation with the Secretary of
Transportation and Communications, shall conduct a study to determine the
need for, and effectiveness of additional tracking systems for vessels to
assure that municipal or commercial waste is not deposited in coastal waters.
In conducting this study, the Secretary of Environment and Natural Resources
shall use the data collected from its permitting and enforcement of tracking
systems. The report shall include a recommendation whether additional
tracking systems are needed. This study shall be submitted to Congress
within twenty four (24) months after the date of effectivity of this Act.

(b) Recommendations. - The Secretary of Transportation and
Communications shall provide recommendations to the Secretary of


Environment and Natural Resources concerning the various tracking systems
that might be applicable to vessels transporting municipal or commercial
waste.

SEC 12. Separability Clause. - If any provision or part hereof, is held invalid
or unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting

SEC 13. Repealing Clause. - Any law, presidential decree, or issuance,
executive order, letter of instruction, administrative order, rule or regulation
contrary to or inconsistent with, the provisions of this Act is hereby repealed,
modified or amended accordingly.

SEC 14, Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspaper of general circulation,

Approved,