Principle 9: Permitting

On-line Posting of the Transporter Capabilities in the Philippines

Date posted: 
Nov 13 2008

The main objective is to drive out of business unscrupulous Toxic and Hazardous Wastes (THW) transporters with fake or expired licenses.

Responsible Party: 
Enforcement Agency
I. Objectives or Impact: 

The main objective is to drive out of business unscrupulous Toxic and Hazardous Wastes (THW) transporters with fake or expired licenses.

Sector/subsector:

The good practice addresses the transport and movement of THW, minimize potential accidents from THW, and reduce the quantity of illegally dumped in the environment, and discourage illegal recovery and re-use of dumped THW.

II. Description of the Good Practice (Outputs): 

Transporters of THW are required to undergo training on the documentation, emergency procedures and impacts of various THW on human health and the environment. The trucks for hauling must be provided with first aid facilities, equipment and chemicals necessary for clean up in case of emergencies, and special signage identifying the type, quantity, nature , first aid and emergency procedures. Due to stringent licensing requirements, a number of THW transporters with fake or expired licenses proliferate in the market THW transporters with fake manifest are also common.

The capability of THW transporters, the expiration dates, truck fleet, licensed drivers and personnel are posted in the internet. The administrative procedure was also revised, putting on the THW the responsibility of consulting the Environment Management Bureau website to check the validity of the THW transporter license , the capabilities and limitations imposed on the license and the responsible person to contact to prevent third parties from using another transporter’s license. The THW generator is equally responsible with the illegal THW transporter.

III. Outcomes or Results: 

Within 30 days after the new regulations and website was available, more than 100 new applications or renewal of THW transporter license were received and an unknown number of illegal transporter went out of business.

IV. Essential Elements for Success: 

Policy Framework: Enabling Policy, Regulation, Inter-agency/Multiparty Agreements

The Administrative Order governing the responsibility of the THW generator during transport was modified to make them equally responsible if the THW transporter is unlicensed. Prior to this amendment, the THW generator could claim that he had been tricked into believing that the THW transporter is duly licensed and even goes to provide a copy of the fake license provided by the transporter with the authority to transport the THW. An additional copy of theTHW transporter permit is submitted to the IT unit for posting in the webpage.

Human Resources and Skills

The main personnel skill required is knowledge to update the webpage periodically.
Material and Resources

Computer, webpage and server.

Institutional Support

The server was provided by a World Bank grant.

V. Further Information: 

References and Publications:

Revised guidelines for the licensing of THW transporters
http://www.emb.gov.ph

On-line Application for Certificate of Non-Coverage in the Philippines

Date posted: 
Nov 13 2008

An on-line application process facilitates the evaluation and issuance of Certificate of Non-Coverage (CNC) from the Environmental Impact Assessment (EIA) System. A considerable amount of resources are saved, both by the applicant and the concerned agency.

Responsible Party: 
Enforcement Agency
I. Objectives or Impact: 

An on-line application process facilitates the evaluation and issuance of Certificate of Non-Coverage (CNC) from the Environmental Impact Assessment (EIA) System. A considerable amount of resources are saved, both by the applicant and the concerned agency.

Sector/subsector:

Non-environmentally critical projects located in non- environmental critical areas, as defined by Presidential Decree 1586 (1978), are not covered by the environmental impact system and as such do not require the preparation of an environmental impact statement. However, a number of project lenders and businesses request for a certificate of non-coverage to establish with certainty that the project is exempted from the EIA process.

II. Description of the Good Practice (Outputs): 

The standard practice was for the project proponent or his representative to secure the forms from the nearest Environmental Management Bureau (EMB) office, fill the forms, and submit it back to the office for evaluation. The EMB office evaluates the submission and informs the project proponent within five working days of the results of the evaluation. Upon receipt of the confirmation, the project proponent pays the applicable fees and collects the CNC.

The process is time consuming especially for applicants who are located far from the EMB regional offices. This is made difficult as well since there are only 13 regional offices serving more than seventy provinces. The project proponent has to go to the regional office three times, first to get the forms, then to submit the forms, and finally to collect the CNC. In fact, the travel time and cost of travel alone could be several times more expensive than the CNC fees. Most often, the project proponent also disturbs the EMB staff from more important workload.

With the improved system, the application form is posted on the Internet. On-line, the project proponent fills it, and submits it electronically. He also submits scanned or fax copies to the concerned EMB office. If he meets all the requirements, he is asked to submit to the EMB office a certified true copy of all the supporting documents, present to the responsible EMB officer the original documents, pay the processing fees, and finally collect the CNC. If the submission is insufficient to support the application, he is informed of the deficiency through electronic mail, rather taking a trip to the EMB regional office.

III. Outcomes or Results: 

The practice reduced the cost of securing the CNC, allows more thorough evaluation of the documentation submitted by EMB staff as they are not under pressure by the presence of the project proponent or his representative who has travelled more than a 100km or so. Lastly, the electronic forms make the evaluation process more transparent, predictable, and consistent.

IV. Essential Elements for Success: 

Policy Framework: Enabling Policy, Regulation, Inter-agency/Multiparty Agreements

The Supreme Court of the Philippines clarified the coverage of the EIA system. Non-environmentally critical projects located in non-environmentally critical areas are exempted. As such the EIA guidelines were revised in August 2007 to reflect the Supreme Court Decision and streamline the implementation of the EIA system.

Human Resources and Skills

Personnel in the regional and central office were trained to retrieve and evaluate the submissions. If in doubt, the staff at the regional office could send an email and ask for assistance from the EIA central office personnel. The EIA central office staff may also refer the problem to the Director EMB for direction if clarifications on the submissions are required.

Material and Resources

A key component in the implementation is the availability of internet connection in the EMB regional offices, key municipalities and cities where most of the project proponents have their businesses. As the practice involves transmittal of scanned documents, internet dial up connection is often insufficient. For this reason, project proponents are given the option of sending the documentation through fax.

Institutional Support

The project was developed with financial support from the Asian Development Bank.

V. Further Information: 

References and Publications:

Presidential Decree 1586 (1978)
Supreme Court of the Philippines
EIA Guidelines of August 2007

Contact Persons and Address:

www.emb.gov.ph

Posting of Environmental Compliance Certificate (ECC) in the Philippines

Date posted: 
Nov 13 2008

The aim of the practice is to provide transparency, consistency and predictability of the conditions imposed on the Environmental Compliance Certificate (ECC).

Responsible Party: 
Enforcement Agency
I. Objectives or Impact: 

The aim of the practice is to provide transparency, consistency and predictability of the conditions imposed on the Environmental Compliance Certificate (ECC).

Sector/subsector:

The sector covers environmentally critical projects and/or projects located in environmentally critical areas as defined by Presidential Decree No. 1586, 1978.

II. Description of the Good Practice (Outputs): 

The Environmental Impact Assessment (EIA) is primarily a planning tool. In the development and assessment of the EIA, mitigating measures beyond the requirements of existing environmental laws are identified and ideally, the project proponent agrees to implement those measures to reduce the project environmental impacts. As the project impacts are very site- and project-design specific, the conditions imposed on the ECC varies across projects.

The ECC conditions are also affected by the personal experience, background and perceptions of the evaluation committee. It is a common concern among project proponents however, that some projects carry more stringent conditions compared to similar project of larger scale or located in more environmentally critical areas. Some ECC have conditionality beyond the control of the project proponent or may sound inappropriate.

The practice involves the posting of the ECC in the Internet. This creates an awareness for the project proponent, and even for those preparing the EIA, on the main impacts of the project, the mitigating measures to address those impacts, the local environmental conditions affecting the selection of the mitigating measures and the selection of alternatives. An on-line posting also imposes discipline in the evaluation committee from placing conditions that are inappropriate. The evaluation committee is also be guided by precedence set by previous ECC of similar or comparable projects.

The posting of the ECC in the Internet will also allow NGOs to monitor more closely compliance of projects on ECC conditions. It also enables the following: (1) how the ECC conditions fare with past conditions set by ECC of similar projects, (2) analysis on the soundness of the evaluation process, and (3) the reason for non-inclusion. It also eliminates the proliferation of fake ECC, or projects covered by the EIA processes that are being executed without an ECC.

III. Outcomes or Results: 

Initial analysis showed large variations of the ECC conditions and in a number of instances confirmed project proponent’s concern of conditions beyond the capacity of the project proponent to address or just simply silly. As a result the ECC were posted in the intranet to provide internal comparison and upgrade the evaluation process.

IV. Essential Elements for Success: 

Policy Framework: Enabling Policy, Regulation, Inter-agency/Multiparty Agreements

The practice did not require any amendment to the existing EIA guidelines. It only requires an office memorandum for the ECC from all regions to be sent to the IT unit at the central office for posting.

Human Resources and Skills

The practice requires one to two hours per day of the IT personnel to post the ECC fax or sent by email from the regional offices.

Material and Resources

The practice requires a computer, server, fax machine and telephone lines.

Institutional Support

The practice requires strong leadership and support from top management of the organization otherwise the regions are hesitant to submit the ECC they have issued on time.

V. Further Information: 
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