Orientation/Training on the

Philippine Environmental Impact Statement System (PEISS) for LGUs

Davao City | 28 October 2015

Post ECC EIA Process

11/12/2015 2

The EIA Process and the Project Cycle

Project Construction & Development

Implementation of mitigation

measures

Detailed design of

mitigation measures

Detailed EIA, Envt’l Mgmt

Planning, inputs to Cost

Benefit Analysis

Feasibility

Detailed Engineering & Design

Findings and recommendations of EIA considered in various

permits and licenses needed

Pre-feasibility Site selection,

environmental

screening, initial

assessment, scoping

Operation & Maintenance

Monitoring and evaluation of environmental performance

Project

Conceptualization/Improvement

Project

Cycle

Expansion / Project

modifications

PROJECT SCREENING

ENVIRONMENTAL IMPACT MONITORING &

EVALUATION / AUDIT

ISSUE ECC w/ recommendations to other

entities w/ mandate on the project

Secure permits / clearances from other DENR Units &

Other GAs / LGUs

Implementation

Change

Project

plan /

Relocate

Project

No EIA

DENY

ECC

P

U

B

L

I

C

I

N

V

O

L

V

E

M

E

N

T

EIA Required

Proponent

Driven

DENR-EMB

Driven

Proponent

Options

Not Part of

EIA Process

Public

Involvement

LEGEND:

EIA Study / Report preparation by Project

Proponent as a requirement for ECC application

EIA STUDY SCOPING

REVIEW & EVALUATION of EIA as

facilitated by DENR-EMB

The EIA Process

* Sample ECC

Why do we monitor?

Objectives of Compliance Monitoring, Validation and Evaluation Audit

To ensure the following :• Project compliance with the conditions set in

the ECC;• Project compliance with the Environmental

Management Plan (EMP);• Effectiveness of environmental measures on

prevention or mitigation of actual projectimpacts vis a vis the predicted impacts used asbasis for the EMP design; and

• Continual updating of the EMP for sustainedresponsiveness to project operations andproject impacts.

Who will monitor?(key actors)

ENHANCED MONITORING AND EVALUATION SYSTEM

(Philippines)

Environmental Agency

REVIEW & EVALUATION

Project

PROPONENT

SELF-MONITORING

LOCALLY-LED

(Community-based)

Multi-Partite Monitoring

Team Validation

COMPLIANCE

MONITORING

REPORT (CMR)COMPLIANCE

MONITORING &

VALIDATION

REPORT (CMVR)

COMPLIANCE

EVALUATION

REPORT (CER)

ENVIRONMENTAL

MANAGEMENT

PLAN

MANUAL OF

OPERATIONS

* TPEA

• ECC – environmental compliance certificate;• EMP – composed of IMP, SDP, IEC Plan; (Annex 2-17,18,19)• CMR – proponent’s report with attached SMR; (Annex 3-1)• CMVR – MMT’s report with proponent’s CMR/SMR; (Annex

3-2 of the Revised Procedural Manual (DAO 03-30)• CER – prepared by the EMB Case handler and shall attached

the Proponents CMR/SMR and MMTs CMVR

Monitoring Phase

• Multi-partite Monitoring Team• Environmental Monitoring Fund• Environmental Guarantee Fund

MMTs are organized to encourage public

participation, to promote greater Stakeholder

vigilance and to provide appropriate check and

balance mechanisms in the monitoring of project

implementation.

Formation of MMT starts after issuance of ECC initiated by the

proponent

Monitoring Phase

• Multi-partite Monitoring Team• Environmental Monitoring Fund• Environmental Guarantee Fund

EMF is a fund that a proponent establishes in

support of the activities of the MMT.

(please refer to Annex 3-5 for the RPM)

Monitoring Phase

• Multi-partite Monitoring Team• Environmental Monitoring Fund• Environmental Guarantee Fund

EGF is required to be established for all co-located

or single projects that have been determined by

DENR to pose a significant risk or where the

project requires rehabilitation or restoration.

(please refer to Annex 3-6 for the RPM)

Multi-partite Monitoring Team

• Functions Validate project compliance with the conditions stipulated

in the ECC and the EMP;

Validate Proponent’s conduct of self-monitoring;

Receive complaints, gather relevant information tofacilitate determination of validity of complaints orconcerns about the project and timely transmit to theProponent and EMB recommended measures to addressthe complaint;

Prepare, integrate and disseminate simplified validationreports to community stakeholders;

Make regular and timely submission of MMT reports basedon the EMB prescribed format (Annex 3-2 of RPM)

Multi-Partite Monitoring Team

• CompositionProponent concerned LGUs, locally accredited NGOs/POs, the community, concerned EMB Regional Office, relevant government agencies, andother sectors that have been identified during

the EIA Study as potentially affected by the various phases of the project

Multi-Partite Monitoring Team

• Output/requirementMMT Manual of Operations (Annex 3-4)Compliance Monitoring and Validation Report

(CMVR) to be submitted semi-annual to EMB

MMT MOO – prepared by the MMT based on the

generic format provided by EMB which will guide

them during the monitoring (including the code of

ethics.)

(please refer to Title III, Annex 3-4 of the RPM)

Multi-Partite Monitoring Team

• Output/requirementMMT Manual of Operations (Annex 3-4)Compliance Monitoring and Validation Report

(CMVR) to be submitted semi-annual to EMB

CMVR – report prepared by the MMT to be

submitted to EMB semi-annually, customized by

every MMT based on project to be monitored.

(please refer to Annex 3-2 of the RPM)

What to monitor?(following CMVR format Annex 3-2 of RPM)

Compliance Monitoring and Validation Report

• BASIC INFORMATION

Date of Compliance Monitoring and Validation

Monitoring and Validation Period Covered

ECC Control No./Reference Code No. Date ECC Issued Project Current Name Project Name in the ECC Project Status Geographical Coordinates of the Project Proponent Name and Contact Numbers

Information to Validate

REQUIREMENTS EVIDENCE

Validity of the ECC Check for expiry conditions in the ECC Date of ECC issuance, proof of project implementation schedule/stoppage

Compliance with ECC e. g. EMP and updates as deemed necessary Presence of updated EMP

Compliance with EMP e.g. Information, Education & Communication Program (IEC)

IEC provision in the EMP or IEC prepared after ECC issuance (if required in the ECC) and relevant proof of compliance (e.g. pictures, attendance sheets, etc.)

Appropriate & effective environmental impact remedial actions or mitigation measures

e.g. In case of non-compliance with any of the prescribed environmental performance criteria and exceedances over applicable environmental standards

Written Procedures or protocols and relevant documentation

Complaints Management e.g. complaints receiving measure and implementation of corrective measures

Written Procedures or protocols andrelevant documentation

Realistic and sufficient budget for conducting the environmental monitoring and audit activities

Appropriate Financial Statement on the Project Operating Budget

Accountability

qualified personnel are charged with the routine monitoring of the project activities (education, training, knowledge and experience of the environmental team)

Relevant Credentials of key environmental management personnel and appropriate organizational structure

Compliance Monitoring and Validation Report

Review & Validation of Proponent’s Monitoring Reports

• Compliance to ECC Conditions

• Compliance to EMP Commitments

• Air Quality Impact Assessment (result of sampling)

• Water Quality Impact Assessment (result of sampling)

• Compliance with good practices in HAZARDOUS WASTE Management ( type of waste, handling, storage, disposal)

• Compliance with good practices in SOLID WASTE Management (type of waste, handling, storage, disposal)

• Compliance with good practices in CHEMICAL SAFETY Management (for those companies using/producing chemicals listed in EMB’s PCL and CCO list)

Compliance Monitoring and Validation Report

Confirmatory Sampling and Measuremento Reason/cause for confirmatory sampling and

measurement

Complaints Verification and Managemento how complaints were handled (problems

encountered, solutions and recommendations)

Compliance Monitoring and Validation Report

Monitoring Aspect

Frequency/Timing

Proponent Self-Monitoring

MMT Validation

EMB Evaluation/Audit

A. Compliance Reporting

ECC Semi-Annual in CMR

Semi-Annual in CMVR

Semi-Annual in CER

EMP Semi-Annual in CMR

Semi-Annual in CMVR

Semi-Annual in CER

Envt’l Stds (under Specific Envt’l Laws)

Detailed Report in quarterly SMR; Summary of compliance in semi-annual CMR

Semi-Annual in CMVR

Semi-Annual in CER

Monitoring, Validation & Evaluation/ Audit

Schemes and Frequency

Monitoring Aspect

Frequency/Timing

Proponent Self-Monitoring

MMT Validation

EMB Evaluation/

Audit

B. Field Validation - Semi-Annual

Semi-Annual or whenever there are complaints, exceedanceof standards or suspicious data

Monitoring, Validation & Evaluation/

Audit Schemes and Frequency

Monitoring, Validation & Evaluation/ Audit Schemes and Frequency

Monitoring Aspect

Frequency/TimingProponent Self-Monitoring

MMT Validation

EMB Evaluation/

Audit

C. Effectiveness of the Envt’lMgmt. Measures

Sampling and Measure-ment

Monthly/ Continuous as committed in the EMoPw/in the EMP

Only in cases of complaints/ exceedanceof standards /suspicious data

As the need arises in coordination w/ the MMT

Trend Analysis/ Cumulative Performance Report

2nd semi-annual CMR; 4th

Qtr. SMR

2nd Semi-Annual CMVR

2nd Semi-Annual CER

2.5 Fine, Penalties and Sanctions27) Legal Basis of Fines and Penalties

– Section 4 of P.D. 1586 - “No person, partnership or corporation shall undertake or

operate any such declared environmentally critical project or area without first securing an Environmental Compliance Certificate issued

by the President or his duly authorized representative.”

– Section 9.0 of P.D. 1586 - as follows: “… Any person, corporation or partnership

found violating Section 4 of this Decree, or the terms and conditions in the issuance of the Environmental Compliance Certificate, or

of the standards, rules and regulations issued by the National Environmental Protection Council pursuant to this

– Section 9.0 of P.D. 1586 …shall be punished the suspension or cancellation of

his/its certificate and/or a fine in an amount not to exceed fifty thousand pesos (P50,000.00) for every violation thereof, at

the discretion of the National Environmental Protection Council.”