FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

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

2564

EXPLANATORY NOTE

House Bill No.

Section 16 Article II of the Constitution 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.” This constitutional provision
is not self-executory and the State has the duty to enact laws to effectively
respond to environmental problems besetting our country.

The dumping of wastes pollutes our seawaters thereby affecting
harmfully the marine resources which undoubtedly are rich sources of food for
survival of the Filipino people.

Thus, in order to protect our marine resources and the interest of public
health and safety, this bill seeks to penalize the dumping of wastes into sea
waters.

In view thereof, the early passage of this proposed measure is highly
recommended.

RUFUS B. IDRIGUEZ

wear oc JR.


FIFTEENTH 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,__ 2064

AN ACT
PROVIDING A BAN ON DUMPING OF SEWAGE SLUDGE AND
INDUSTRIAL WASTE INTO THE SEA

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

SECTION 1. Short Title. - This Act shall be known as the “Sea
Dumping Ban Act

SEC 2. Declaration of Policy. - It is hereby declared the policy of the
State to promote the natural balance of the environment for the protection of
human health and safety.

SEC 3. Definition of Terms. — For purposes of this Act, the term:

(1) “altermative system” means any method for the management of
sewage sludge or industrial waste which does not require a permit
under this Act;

(2) “excluded material” means:

(a) any dredged material discharged by the Philippine Army
Corps of Engineers or discharged pursuant to a permit issued
by the Secretary of Environment and Natural Resources;

(b) any waste from any industrial operation located in the
Philippines or discharge pursuant to a permit signed by the
Secretary of Environment and Natural Resources;


(3) “industrial waste” means any solid, semi-solid, or liquid waste
dumped by a manufacturing or processing plant other than an
excluded material;

(4) “interim measure’ means any short-term method for the
management of sewage sludge or industrial wastes which:

(a) is used before implementation of an alternative system;
(b) does not require a permit under this Act;

(5) “sewage sludge” means any solid, semi-solid, or liquid waste
generated by a wastewater treatment plant, other than an excluded
material.

SEC 4. Prohibited Acts. — No person shall dump into sea waters or
transport for the purpose of dumping into sea waters, sewage sludge or
industrial waste, unless such person has obtained a permit issued by the
Secretary of Environment and Natural Resources which authorizes such
transportation and dumping.

SEC 5. Penalties. — Any person who dumps into ocean waters or
transports for the purpose of dumping into ocean waters, sewage sludge, or
industrial waste shall be liable in the amount of not less than Fifty Thousand
Pesos (P50,000.00) nor more than Five Hundred Thousand Pesos
(P500,000.00) or imprisonment of not less than three (3) months but not more
than six (6) years, or both at the discretion of the court. If the offense is
committed by a corporation, trust, firm, partnership or association, or other
entity, the penalty shall be imposed upon the guilty officer or officers of such
corporation, trust, firm, partnership or association or other entity.

SEC 6. Enforcement Monitoring Report. - Not later than six (6) months
after the date of the effectivity of this Act, the Secretary of the Department of
Environment and Natural Resources, in consultation with the Secretary of the
Department of Transportation and Communications, shall submit a report to the
Congress. The report required under this section shall contain an accounting
of discharges into the waters of the territorial sea, the economic zone, and the
ocean, and shall include:

(a) total number of discharges;

(b) the location, source volume and potential environmental effects of
each discharge;

(©) the date of original issuance, review and reissuance of each
discharge;


(d) the number of discharges that have been determined by the
Secretary of Environment and Natural Resources;

(@) schedule for implementing this Act and achieving compliance with
guidelines promulgated under this Act as expeditiously as
Practicable, and an estimate of the resources required to meet such
schedule; and

(recommendations for any additional legislative authorities needed to
achieve compliance with such guidelines.

SEC 7. 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 8. 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 9. Effectivity. - This Act shall take effect fifteen (15) days after its
Publication in at least two (2) newspapers of general circulation.

Approved.