Republic of the Philippines Department of Environment and …119.92.161.2/embgovph/Portals/40/IPOPs National Strategy - 2016... · Department of Environment and Natural Resources

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M E M O R A N D U M

T O

F R O M

S U B J E C T

D A T E

A l l E M B R e g i o n a l D i r e c t o r s

T h e A s s i s t a n t S e c r e t a r y a n d c o n c u r r e n t E M B D i r e c t o r

Adoption of a National Strategy for the Management of POPs Contaminated Sites In the Philippines

FEB 0 9 2016

T h e E M B C e n t r a l O f f i c e t h r o u g h t h e I n t e g r a t e d P O P s M a n a g e m e n t P r o j e c t has d e v e l o p e d a N a t i o n a l S t r a t e g y f o r t h e M a n a g e m e n t o f P O P s C o n t a m i n a t e d S i t e s . T h e N a t i o n a l S t r a t e g y c o v e r s t w o p a r t s , n a m e l y : P a r t I : D e v e l o p m e n t o f t h e N a t i o n a l S t r a t e g y w h i c h i n c l u d e s t h e o b j e c t i v e s o f c o n t a m i n a t e d s i t e m a n a g e m e n t a n d a p p r o a c h t o t h e i d e n t i f i c a t i o n o f P O P s c o n t a m i n a t e d s i tes , a n d P a r t I I : N a t i o n a l S t ra tegy ' w h i c h i n c l u d e s g u i d i n g p r i n c i p l e , g u i d i n g p o l i c i e s , s t ra teg ies a n d a c t i o n p l a n s .

T h e N a t i o n a l S t r a t e g y ha s u n d e r g o n e c o n s u l t a t i o n s w i t h v a r i o u s s t a k e h o l d e r s i n c l u d i n g y o u r r e s p e c t i v e o f f i c e s . I n t h i s r ega rd , t h e N a t i o n a l S t r a t e g y i s h e r e b y a d o p t e d as t h e d o c u m e n t w h i c h s h a l l be t h e bas i s f o r d e t a i l e d c o n t a m i n a t e d s i t e i d e n t i f i c a t i o n a n d m a n a g e m e n t g u i d e l i n e s a n d a c t i o n p l a n s t o be i m p l e m e n t e d b y t h e D e p a r t m e n t . T h e N a t i o n a l S t r a t e g y s h a l l a l s o be a r e f e r e n c e d o c u m e n t , t o g e t h e r w i t h r e l a t e d e n v i r o n m e n t a l r e g u l a t i o n s b e i n g i m p l e m e n t e d b y t h e D e p a r t m e n t , f o r c o n t a m i n a t e d s i t e m a n a g e m e n t r e l a t e d i ssues a n d c o n c e r n s i n y o u r r e s p e c t i v e r e g i o n s .

I t i s a l so e n v i s i o n e d t h a t t h e N a t i o n a l S t r a t e g y w i l l e v e n t u a l l y c o v e r a w i d e r scope o f c h e m i c a l c o n t a m i n a t i o n sources w i t h spec i f i c s t r a t eg ies a n d a c t i o n p l a n s .

F o r i n f o r m a t i o n a n d g u i d a n c e

A T T Y .

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Office of the Director

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Department of Environment and Natural Resources- Environmental Management Bureau

Visayas Avenue, Quezon City, Philippines

National Strategy for the Management of POPs Contaminated Sites

Part I: Development of the National Strategy

Part II: The National Strategy

i

Contents

Foreword ......................................................................................................................................................... F-1

Executive Summary ..................................................................................................................................... ES-1

INTRODUCTION

1 Introduction ................................................................................................................................................ 2

2 National Strategy Conceptual Framework ............................................................................................. 3

PART I: DEVELOPMENT OF THE NATIONAL STRATEGY

3 Vision for the Management of Contaminated Sites in the Philippines .............................................. 6

4 Contaminated Sites Identification and Management ............................................................................ 6

4.1 Contaminated Sites Identification ........................................................................................................... 9

4.2 Contaminated Sites Management ......................................................................................................... 13

5 Preparation of the National Strategy .................................................................................................... 18

PART II: THE NATIONAL STRATEGY

6 Background .............................................................................................................................................. 21

7 Guiding Principles ................................................................................................................................... 22

8 Guiding Policy ........................................................................................................................................ 223

9 Gaps and Inadequacies in the Philippine Scenario ............................................................................ 25

10 Strategies to address gaps in the Enabling Policy ............................................................................. 27

11 Enforcement Strategies .......................................................................................................................... 33

12 Capacity and Institutional Building Strategies .................................................................................... 38

13 Economic and Financing Strategies ..................................................................................................... 40

ii

14 Information Transfer Strategies ............................................................................................................ 46

15 Education Campaign Strategies ............................................................................................................ 48

16 Strategic Goals and Time Scales .......................................................................................................... 50

17 Integrated Action Plans .......................................................................................................................... 51

18 Adoption of the National Strategy ......................................................................................................... 58

19 References ................................................................................................................................................ 59

iii

iv

Glossary of Acronyms

ANZECC Australian and New Zealand Environment and Conservation Council

AUSAID Australian Agency for International Development

BAT best available techniques

BCA benefit-cost analysis

BEP best environmental practices

BIR Bureau of Internal Revenue

BOD biological oxygen demand

BPI Bureau of Plant Industry

BSWM Bureau of Soils and Water Management

CBO community-based organizations

CEO chief executive officer

CHED Commission on Higher Education

CIDA Canadian International Development Agency

COD chemical oxygen demand

COI contaminant of interest

COPC contaminant of potential concern

DA Department of Agriculture

DAO department administrative order

DDD dichlorodiphenyldichloroethane

DDE dichlorodiphenyldichloroethylene

DDT dichlorodiphenyltrichloroethane

DENR Department of Environmental and Natural Resources

DepED Department of Education

DFA Department of Foreign Affairs

DILG Department of Interior and Local Government

DOF Department of Finance

DOH Department of Health

DOST Department of Science and Technology

DOTC Department of Transport and Communications

DSWD Department of Social Welfare and Development

DTI Department of Trade and Industry

ECC environmental compliance certificate

EGF environmental guarantee fund

EIA environmental impact assessment

ELCR excess lifetime cancer risk

EMB Environmental Management Bureau

EO executive order

ESA environmental site assessment

ETV environmental technology verification

v

FPA Fertilizer and Pesticide Authority

GEF Global Environment Facility

HCB hexachlorobenzene

HQ hazard quotient

IATAC Inter-Agency Technical Advisory Council

IEC information and education campaign

IRR implementing rules and regulations

ITDI Industrial Technology Development Institute

JICA Japan International Cooperation Agency

LGC local government code

LGU local government unit

MC memorandum circular

MEI mandatory environmental insurance

NGO non-governmental organizations

PA preliminary assessment

PCB polychlorinated biphenyl

PCO pollution control officer

PIA Philippine Information Agency

POPs persistent organic pollutants

PQL practical quantitation limit

PRP potential responsible party

RA republic act

RO regional office

RSL regional screening limit

SB senate bill

SI site investigation

TESDA Technical Education and Skills Development Authority

TSDF treatment, storage and disposal facilities

TS total solids

TSS total suspended solids

UNIDO United Nations Industrial Development Organization

US United States

USAID United States Agency for International Development

USEPA United States Environmental Protection Agency

VEI voluntary environmental initiatives

F-1

Foreword

This document presents the National Strategy for the Management of Contaminated Sites in the

Philippines (National Strategy). It reflects the State policy to “protect and advance the right of the people

to a balanced and healthful ecology in accord with the rhythm and harmony of nature” enshrined in the

1987 Philippine Constitution.

The National Strategy envisions the successful implementation of a framework that will bring down

concentrations of persistent organic pollutants (POPs) contaminated sites in the Philippines to levels that

do not pose unacceptable human health and environmental risks.

Its strategic objectives are the (1) improvement in the existing implementation and governance systems

(in less than 5 years), (2) implementation of the improved framework and governance systems (within 5 to

10 years), and (3) prevention of contamination in the cleaned-up sites and previously unaffected sites

(beyond 10 years).

The National Strategy is an output of Phase 2 of the IPOPs project entitled, ‘Conduct of National

Inventory of POPs Contaminated Sites and Development of the National Strategy for Management of

POPs Contaminated Sites’ with the Department of Environment and Natural Resources (DENR) through

its Environmental Management Bureau (EMB) as the lead agency in the implementation of the project.

The National Strategy was put together based on inputs from the national inventory/registry of potentially

contaminated sites conducted in Phase 1 of the IPOPs project, a review of the regulatory liability and

financing approaches in the Philippines and other countries, and a capacity assessment of public and

private sectors in the Philippines.

The Philippine Island is our precious natural resource. More importantly, it forms part of our national

patrimony, the land of our birth, our home and the home of future generations of Filipinos. Let us be true

to our pledge and protect and conserve them.

Iniibig ko ang Pilipinas, aking lupang sinilangan,

Tahanan ng aking lahi, kinukupkop ako at tinutulungang

Maging malakas, masipag at marangal.

- Panatang Makabayan (Patriotic Oath)

ES-1

Executive Summary

Land contaminated by persistent organic pollutants (POPS) could adversely impact a country’s public

health, the environment, and economy.

Previous studies have identified the presence of POPs-contaminated sites in the Philippines; however, no

centralized source of information currently exists on the number of contaminated sites and the magnitude

of contamination. There is also no framework for the management of contaminated sites in the

Philippines including a system for identifying contaminated sites; rules for site clean-up; defining

responsible parties to bear the cost of site investigation and clean-up; financing and incentive

mechanisms for remediation and active waste management in identified sites; and clearly defined roles

and responsibilities of government agencies. Thus, there is a need for a National Strategy in order to

address these gaps that may impact the successful management of contaminated sites in the Philippines.

In line with the DENR-EMB’s vision for “A nation empowered to protect our natural resources, in the

pursuit of sustainable development, for a clean and healthy environment”, and mission “To effectively

manage the environment thru close monitoring of potential sources of pollution and mitigate impacts to

health and the environment”, it is desired for the Philippines to implement a strategy that consistently

manages POPs contaminated sites and renders them acceptable for human health and the environment.

The strategies serve to be the mechanism by which the vision for the identified contaminated sites can be

met. The strategic objectives and action plans were grouped into six (6) major areas of concern namely:

(1) Enabling Policy, (2) Enforcement, (3) Capacity and Institutional Building, (4) Economics and

Financing, (5) Information Transfer, and (6) Education Campaign. The action plans were then developed

to address short-term, medium-term and long-term goals of the National Strategy namely:

Short-Term: Improvement in the existing implementation and governance systems (within less than 5

years);

Medium-Term: Implementation of the improved framework and governance systems (within 5 to 10

years); and

Long-Term: Prevention of contamination in the cleaned-up sites and previously unaffected sites

(beyond 10 years).

It is envisioned that the DENR-EMB shall function as the lead implementing agency for the formulated

strategies and action plans. While an Inter-Agency Technical Advisory Council (IATAC) consisting of

DENR, DA, DOF, DOST, DOH, DTI, DILG, LGUs, League of Provinces, League of Cities, League of

Municipalities and League of Barangays, DepEd, DOTC, DFA, and DOLE will make the implementation of

the management strategies feasible, the inclusion of other members such as the civil society, industry,

TSDF operators and the academe, shall strengthen the council’s function. Involvement of the private

sector can augment the limited capacity of the government agencies with regards to budgetary sourcing,

institutional and capacity building, IEC, site inventory, assessment and clean-up functions.

Financing strategies for the suggested action plans have as well been studied. It was concluded that

financing could be sourced from (1) external funding, (2) the national government, (3) private sector

(polluter or responsible party), and (4) NGO/donor which should be supported by proper incentive

schemes.

Because of the change in information as well as the methodologies in addressing contaminated lands, the

EMB should be able to adapt to these changes through an update in the strategy. Consistent with the

practice in other countries, the national strategy should be updated by the DENR-EMB in consultation with

various stakeholders as the need arises.

1

INTRODUCTION

2

I NTRODUCTIO N

1 Introduction

The National Strategy for the Management of POPs-Contaminated Sites in the Philippines aims to define

and describe the country’s strategy, commitment, and measures it intends to undertake for the long-term

monitoring and remediation of POPs-contaminated sites. The National Strategy shall be used to raise

awareness among relevant stakeholders, to mobilize them to address the issue, and to provide a basis for

funding for plan implementation from both national and international funding institutions.

The twelve (12) POPs were the primary focus of and were initially listed in the Stockholm Convention.

These chemicals are grouped into three categories:

Pesticides – aldrin, chlordane, dichlorodiphenyltrichloroethane (DDT), dieldrin, endrin, heptachlor,

mirex, toxaphene, and hexachlorobenzene (HCB)

Industrial chemicals – Polychlorinated biphenyls (PCBs), HCB, and mirex

Unintended by-products – dioxins and furans, PCBs, and HCB

These chemicals are called the “dirty dozen” being the twelve POPs that parties to the Stockholm

Convention commit to reduce or eliminate the production, use and release of because of serious health

effects associated with exposure to them including “cancer, neurological damage, birth defects, sterility, and

immune system defects.”1

Because these chemicals were used in the Philippines for pest and disease control, agricultural production

and industrial application, a series of studies confirm that there are POPs-contaminated sites in the country.

However, no database or centralized inventories were known to exist. In order to support the development

of the national strategy, the inventory of potential POPs-contaminated sites was conducted.

DENR-EMB’s vision for “A nation empowered to protect our natural resources, in the pursuit of sustainable

development, for a clean and healthy environment” is a reflection of the agency’s direction as an

environmental regulatory body. In consideration of the impact of change as part of the agency’s challenges,

three elements are emphasized in this vision:

“A nation empowered”, which implies that it is a collaborative effort between relevant government

agencies, stakeholders and the general public;

“sustainable development”, being integral to the strategies and plans will equally weight economic, social

and environmental dimensions in the decisions to be made; and

“clean and healthy environment”, the very essence of the mandate of DENR-EMB is the protection of

human health and the environment.

This vision shall serve as a guiding statement in the strategies to be implemented and the decisions to be

made to meet the agency’s commitment to protect human health and the environment.

1 US Environmental Protection Agency, last updated 12 June 2014

3

I NTRODUCTIO N

2 National Strategy Conceptual Framework

The National Strategy document is arranged into two parts. Part 1 discusses the guiding principles, the

approach to the identification of contaminated lands, and the methodologies and tasks performed for the

development of the national strategy. Part 2 of the document contains the identified gaps within the

Philippine setting and the objectives and action plans of the strategies that can be adopted to address the

gaps. The implementation plan for the National Strategy is also presented in Part 2 of the document.

The framework below serves to illustrate the guiding principles and how the various activities that were

performed as part of the project linked together to form the national strategy.

With the vision to bring concentrations of contaminated lands to levels that are safe for human health and

the environment, activities were performed in order to come up with guidelines for the identification of

contaminated lands in the country. Actual inventories were conducted and inputted in the database

following the drafted guidelines. The baseline inventory/registry included 1,773 (one thousand seven-

hundred seventy three) sites of which, 961 (nine-hundred sixty one) were potentially contaminated sites.

The data were collected through review of previous studies, survey workshops, actual site visits and

interviews. Eventually, ten (10) priority sites were chosen from the preliminary assessment scoring

performed which was calculated based on the sites’ relative potential to pose a threat to human health or

the environment. An environmental site assessment (ESA) was performed in each of these sites with focus

on the dirty dozen as the contaminants of concern. Data from the ESAs of the ten (10) sites were then

used to illustrate financing strategies that may be applicable to POPs-contaminated sites.

Through literature review of approaches in other countries, capacity assessment of regulatory and private

agencies in the Philippines, legal review, and assessment of economic aspects and financing options, gaps

and inadequacies in the Philippines were identified and served as the jump-off point for the national strategy.

The gaps and inadequacies were grouped into six (6) major areas of concern namely; (1) Enabling Policy,

(2) Enforcement, (3) Capacity and Institutional Building, (4) Economics and Financing, (5) Information

Transfer, and (6) Education Campaign. Strategies and action plans to address these gaps and

inadequacies were then formed. Finally, the implementation plan serves to integrate the action plans

according to priority, timescales, and responsible parties.

4

I NTRODUCTIO N

Methodologies in the

Development of a National

Strategy for Management

Contaminated Lands

Guiding Principles on

Contaminated Sites

VISION Identification and Management

of Contaminated Sites

National Strategy for

Management of Contaminated

Lands

Task 1: Review regulatory, liability, and financing approaches of

other countries

Task 2: Conduct capacity needs assessment of regulatory agencies

involved in management of POPs contaminated sites, including

regulatory, technical capability, and resource needs.

Task 3: Conduct legal review of liabilities related to contaminated

sites.

Task 4: Conduct assessment of economic aspects, financing options,

and cost apportionment

Gaps and Inadequacies in

the Philippine setting

(1) Enabling Policy,

(2) Enforcement,

(3) Capacity and Institutional

Building,

(4) Economics and Financing,

(5) Information Transfer, and

(6) Education Campaign

Implementation Plan

(1) Short-Term Plan

(2) Mid-Term Plan

(3) Long-TermPlan

Part 1

Part 2

Strategies to address the

Gaps:


(2) Enforcement,


Building,




Objectives per Area of

Concern:


(2) Enforcement,


Building,




Action Plan per Area of

Concern:


(2) Enforcement,


Building,




Figure 1. National strategy framework.

5

PART I

DEVELOPMENT OF THE NATIONAL STRATEGY

6

P AR T I

3 Vision for the Management of Contaminated

Sites in the Philippines

The vision crafted for the management of contaminated lands in the Philippines in consultation with various

stakeholders is stated as:

For the Philippines to implement a strategy that consistently manages POPs contaminated sites and

renders them acceptable for human health and the environment.

The vision recognizes the existence of contaminated lands as a result of present and historical development

and land use in the Philippines and provides a common end goal to bring concentrations of these lands to

levels that pose no harm to human health and the environment.

4 Contaminated Sites Identification and

Management

Contaminated Site Definition

With the lack of soil quality standard, the ANZECC2 definition of contaminated site shall apply:

A site at which hazardous substances occur at concentrations above background levels and

where assessment indicates it poses, or is likely to pose an immediate or long-term hazard to

human health or the environment.

Hazardous substances from RA 69693

and its Implementing Rules and Regulations state that:

“Hazardous substances” are substances which present either:

a) short-term acute hazards such as acute toxicity by ingestion, inhalation or skin absorption,

corrosivity or other skin or eye contact hazard or the risk of fire or explosion;

b) long-term environmental hazards, including chronic toxicity upon repeated exposure,

carcinogenicity (which may in some case result from acute exposure but with a long latent

period), resistance to detoxification process such as biodegradation, the potential to pollute

underground or surface waters, or aesthetically objectionable properties such as offensive

odors. (Section 6, IRR, RA 6969)

Based on the above, the definition of a POPs-contaminated site is

“A site at which Persistent Organic Pollutants (POPs) occur at concentrations above background

levels and where assessment indicates that it poses, or is likely to pose an immediate or long-term

hazard to human health or the environment.”

Objectives of Contaminated Site Management

2 Australian and New Zealand Environment and Conservation Council, Guidelines for the Assessment and Management

of Contaminated Sites, 1992 3 DENR-EMB, Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990, www.emb.gov.ph/portal.

7

P AR T I

The objectives of contaminated site management shall be two-fold:

1) Prevention of Contamination (i.e. Active Waste Management)

This applies to sites with known sources of hazardous wastes and chemicals which are still

present onsite but have not found their way yet into the environment. A proper set of control

and monitoring should be in place for such sites.

2) Clean-up or Remediation of Contaminated Site

This applies to sites with already identified levels of contamination. A clear set of guidelines

should be present to determine whether a site has already achieved its clean-up goals.

8

P AR T I

Approach to the Identification and Management of POPs Contaminated Sites

As stated in the Guidelines on the Inventory of POPs Contaminated Sites4, the general framework in the

conduct of inventory of POPs-contaminated sites as adopted from the MIFO model5 is as indicated in

Figure 2. A more detailed framework is provided in Figure 3.

Figure 2. Over-all Approach Identification and Management of POPs Contaminated Sites

In a typical site assessment, sufficient amount of data needs to be collected prior to the development of

management options for a site. Preliminary surveys, preliminary site investigations, and detailed site

investigations would need to be performed. Site management options for identified POPs contaminated

sites shall be refined once additional data (e.g., extent of contamination, assessment of treatability,

evaluation of performance and cost of treatment technologies) becomes available. This approach is

consistent with the USEPA Cleanup Process for Superfund Sites where Development of Site Screening

Alternatives6 is first performed on a general basis during the Remedial Investigation/ Feasibility Study stage.

The following sections provide guidance in the identification and management of contaminated sites that

may be applicable in the Philippine setting.

4 AECOM, Guidelines on the Inventory of POPs Contaminated Sites, 2013.

5 Swedish Environmental Protection Agency, Methods for Inventories of POPs Contaminated Sites, 2002.

6 US Environmental Protection Agency, Clean-up Process, http://www.epa.gov/oerrpage/superfund/cleanup/, 25

December 2013.

Preliminary Survey

Priority Sites

Preliminary Site Investigation

Priority Sites

Detailed site investigation

Remediation Planning

- Site monitoring

- Site management options

http://www.epa.gov/oerrpage/superfund/cleanup/

9

P AR T I

4.1 Contaminated Sites Identification

Preliminary Survey

Sites potentially contaminated by POPs are to be entered by the EMB in a Database of Potentially

Contaminated Sites. The entries in the database are generated from the following sources of information:

Inventories by regulatory agencies

Public reporting

o Reporting from the community

o Self-reporting/due diligence work

The identification of potential POPs-contaminated sites shall initially be based on sites with potentially

polluting historical and current activities as supplied by the EMB and other relevant government agencies.

POPs contamination is generally categorized according to the type of contaminant: pesticides (Aldrin,

Chlordane, Dieldrin, DDT, Endrin, Hephachlor, Hexachlorobenzene, Mirex and Toxaphene), industrial

chemicals (PCBs), and unintentionally-produced POPs (Dioxins and Furans).

Sites that can be potentially contaminated by POPs pesticides include pesticides formulation, mixing and

packaging facilities, storage warehouses where pesticides stockpiles are located, and farms and

plantations where pesticides were historically applied. On the other hand, storage facilities for

transformers and capacitors owned by electric cooperatives, power plants, and electric distribution utilities

are potential sites contaminated with PCBs. Site contamination due to dioxins/furans is attributed to the

inappropriate handling of wastes containing these compounds such as those from fossil-fuel fired boilers,

waste incinerators (including medical wastes, hazardous wastes, and municipal solid wastes), cement

kilns co-firing hazardous wastes, production of pulp using elemental chlorine, open burning of waste

(including burning at dumpsites), crematoria, and other dioxin/furan source categories identified in Part II

and III of Annex C of the Stockholm Convention.

Treatment, storage and disposal facilities that handle pesticides, PCB oil, PCB wastes and equipment, and

wastes containing dioxins/furans are also probable sources of contamination.

To aid the investigators who shall comprise mostly of EMB officials, in collecting data needed to assess

whether a site requires further investigation or is potentially not contaminated, survey forms for each of the

three major classes of POPs (pesticides, PCBs, and dioxins and furans) were prepared and presented in

the Guidelines on the Inventory of POPs Contaminated Sites: Preliminary Survey7.

Once a site is entered into the database as potentially contaminated based on 1) due diligence of regulatory

agencies, 2) reporting from community or 3) self-reporting, the EMB will be in charge of the notification

procedure to the polluter, occupier, land-owner, local regulatory agencies, developers, and other relevant

stakeholders. Depending on the information given, EMB may opt to conduct an actual site visit or require

additional documentation from the site. These documents may take the form of reports from preliminary

and detailed site investigations that were conducted voluntarily by the company as well as reports from

voluntary remedial efforts. Other relevant documents may include the inventory of POPs-contaminated

equipment and materials in each site as well as documented storage and plans for disposal, considering

that no release has yet occurred in the soils, groundwater, and surface water. Based on information from

the site visit or data available as reflected on the survey forms and the database, the site may be

reclassified by the EMB as Pre SI: Not Contaminated or Investigation Required.

The site classification is further described below:

7 AECOM, Guidelines, 2013.

10

P AR T I

Pre SI: Not Contaminated: refer to sites which based on preliminary survey results as reflected in the

survey forms and the database, have no present or historical activities that can potentially contribute to

POPs contamination.

Investigation Required: These sites are further classified into (1) Investigation-referred and (2)

Investigation-scheduled industry.

Investigation referred sites are those sites with potentially polluting activities for which there is no

information to either clear a site or to confirm contamination therefore it is recommended for further

investigation.

Investigation-scheduled industry applies to sites which have supported an industry on the

scheduled list

A Notice of Potential Subsurface Contamination shall be issued to the involved parties.

Preliminary Assessment (PA) Scoring

The information collected from the survey forms on Investigation Required Sites shall be compiled, inputted

in the database, and interpreted based on the responses to the key questions using a preliminary site

assessment scoring system. This is a numeric assessment scoring system used to qualitatively estimate

the sites’ relative potential to pose a threat to human health or the environment. The data gathered are

evaluated with respect to waste characteristics, likelihood of release, and targets. Calculating the scores will

generate priority areas of concern.

For details on the preliminary site assessment system, refer to the Preliminary Assessment Scoring.8

The Site PA Scoring score is calculated through a root means square equation, where each pathway is

given equal weight in the total site score:

4

ASSWGW 2222

Where:

GW = Groundwater Pathway Score

SW = Surface Water Pathway Score

S = Soil Pathway Score

A = Air Pathway Score

The Groundwater, Surface Water, Soil, and Air Pathway Scores on the other hand, are calculated as follows:

82,500

stics)Characteri x WasteTargets x Exposure of d(Likelihoo

The PA Scoring may be used as a tool to identify the priority sites for preliminary and detailed site

investigations. The EMB may select a particular ranked group (e.g., the top 10 or 25) for priority preliminary

and detailed site investigations.

Preliminary and Detailed Site Investigations

8 AECOM, Preliminary Assessment Scoring, 2014.

11

P AR T I

After the Preliminary Survey, sites may be classified as Pre SI: Not Contaminated or Investigation Required

sites. EMB may opt to prioritize the Investigation required Sites using the Preliminary Assessment Scoring.

All Investigation Required sites should undergo Preliminary Investigation to confirm if a site is contaminated

or requires further investigation.

There are instances when a site cannot be fully characterized with a preliminary site investigation, in such

cases, a detailed site investigation would need to be performed. The detailed site investigation process may

comprise of a series of investigations until multiple lines of evidence can be used to classify whether a site is

not contaminated or contaminated (remediation required, acceptable risk-restricted use, or acceptable risk-

unrestricted use).

Refer to the Site Characterization Guidelines9

(Berkman, for finalization as of this writing) for site

investigation procedures.

Priority Ranking

After the Preliminary and/or Detailed SI, EMB may opt to further prioritize the sites as Low Priority: Not

Contaminated or Medium or High Priority Sites. Each category is described below:

Low Priority Sites: Not Contaminated refer to those sites where concentrations are all below

laboratory limits of reporting (LORs) or agreed practical quantitation limits (PQLs)10

.

Medium Priority Sites: Unrestricted Use refer to sites where contamination exists but the site is

suitable for any land use. For these sites, decontamination is just an option.

Medium Priority Sites: Restricted Use refer to sites with contamination levels that are below the set

criteria (“acceptable level”) based on current land use. It is suggested that this criteria be set by DENR

pursuant to Section 17 of the Senate Bill on Hazardous and Radioactive Wastes Management (herein

referred to as “Senate Bill”) which indicates that soil quality standards be formulated within six (6)

months from the effectivity of the Act and shall be used to determine contaminated sites.

Decontamination on these sites is required if sites shall be used for a more sensitive land use.

High Priority: Remediation Required refer to sites with contamination levels exceeding the set

criteria, as set by the DENR. Remediation is required for these sites until decontamination levels have

been achieved.

Sites determined to be contaminated may be further reclassified as Medium Priority Sites (Restricted Use

and Unrestricted Use) or High Priority Sites (Remediation Required). Remediation required sites would

need to undergo the Remediation Planning Stage prior to actual site Clean-up as these sites would need

immediate action due to identified unacceptable risks to human health and the environment. Medium

Priority Sites: Restricted Use are those sites with acceptable risks with respect to current land use and

would require clean-up if there will be a change in land use. Such sites would also need to move into the

Remediation Planning Stage and have to incorporate proper risk communication once land use or zoning

potentially changes, especially if land use becomes more sensitive. Medium Priority Sites with Unrestricted

Use have the option to bring down concentrations to decontaminated levels but this is not a requirement.

The responsibility of cleaning up Medium and High Priority sites rests in the hands of the

polluter/owner/occupier. Where the property is a private property that is clearly determined to be

9 Berkman Systems, Inc. Site Characterization Guidelines, 2013 (for finalization).

10 It is suggested that DENR set LOR and PQL standards as this will affect risk assessments that shall be performed as

part of site investigations.

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P AR T I

contaminated and the nearby surrounding community is in danger of harm from the contamination and the

landowner and the polluter, even after diligent and persistent efforts to locate and contact them, cannot be

contacted and located, the government shall consider several solutions with the primary aim of securing the

health and welfare of the public. In line with the principles of sustainable development which considers the

environmental, economic and social aspects, the government may consider the option of moving the

community out of harm’s way by relocating them. Another option available to the government is to exercise

its power of eminent domain or the power of expropriation to appropriate the contaminated private land for

public use upon payment of just compensation; once the government has acquired the rights over the

property, it can take the appropriate remediation action. Once the property, now owned by the government,

is remediated, it is likely going to increase in value and may be disposed of to recover the cost that the

government spent for acquiring the property and for remediation.

Resources and EMB efforts on site monitoring should first and foremost be allotted to High Priority Sites.

These sites should move into the Remediation Planning stage within a designated timeframe as determined

by the EMB.

The DENR may elect to perform a secondary assessment scoring of these subgroups, which could take the

form of USEPA’s Hazard Ranking System.

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4.2 Contaminated Sites Management

Remediation Planning and Clean-Up

Remediation planning includes the determination of applicable technologies for site clean-up as well as

clean-up goals. The clean-up goals may be:

A generic set of clean-up criteria set by the EMB

A site specific set of clean-up criteria using a set of modeling tools

Site-specific management options for the POPs-contaminated sites can be developed through identification

of remedial technologies, development and evaluation of remedial action alternatives, and selection of

appropriate remedial action, including engineering and institutional controls. Engineering controls may

consist of construction of soil cover and vapor barriers, fencing and/or soil, and concrete or asphalt caps.

Institutional controls include the use of restrictions, closure or suspension of activities, zoning, relocation,

monitoring and worker safety programs. Prior to the development of management options, remedial action

objectives should be set to define the extent of remedial action to be conducted at a specific site.

The remediation plan shall be developed by the responsible party and submitted to the EMB. The clean-up

activities should be conducted within the specified timeframe and adhere to the submitted remediation plan

and any agreed variations with the EMB.

A site that has brought down concentrations to recommended or nominated risk-based screening criteria for

clean-up shall be declared by the EMB as a decontaminated site.

Decontaminated Sites: These refer to sites where concentrations have been brought down to agreed

clean-up levels. Agreed clean-up levels may be generic clean-up goals set by the EMB or site specific

clean-up goals. These clean up goals should be identified in the Remediation Planning Stage and

agreed between the site owner and the EMB.

Verification

The EMB may elect to perform a post remediation review with the responsible party to verify that a site has

already been Decontaminated. Here, the clean-up goals shall be reviewed by the EMB together with the

responsible party in order to assess whether these have been met. These clean-up goals will be referred to

for assurance that site remediation has been achieved. The review may be initiated with a letter from the

responsible party documenting site investigation and remedial efforts. Based on the documents presented,

the DENR may opt to have a series of meetings and require presentations from the responsible party until

both have come to an agreement.

Investigation Required Site

Preliminary Survey

Is the site potentially

contaminated?

Not Contaminated Site (Pre S.I.)

No Yes Priority Ranking

(Prelim. Scoring)

Preliminary Investigation*

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Figure 3. Framework for the Identification and Management of POPs Contaminated Sites.

*Option to perform priority ranking

IDENTIFICATION

MANAGEMENT

No

Yes

Is the site contaminated?

Low Priority Sites: Not Contaminated

No

Are there sufficient data to determine whether the site is

contaminated or not?

Detailed Site Investigation

Yes

Are concentrations greater than or equal to set DENR criteria?


Decontaminated Site

Clean-up

High Priority Sites

Yes

No

Are lands suitable for

any land use?

Medium Priority: Restricted Use

Medium Priority Sites


Decontaminated Site

Clean-up

No

Medium Priority: Unrestricted Use

Optional Remediation

Decontaminated Site

Yes

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Step 2: Identification of site ownership/ classification

Privately -Owned

A. Potentially Contaminated Sites based on current or historical use (with current owner as the user and polluter)

B. Potentially Contaminated Sites based on current or historical use (with current owner not the polluter)

C. Potentially Contaminated Sites based on current use (with current owner as the lessor and not the polluter)

Public -Owned

A. Potentially Contaminated Sites based on current use (government sites)

B. Potentially Contaminated Sites based on historical use (government sites)

C. Potentially Contaminated Sites based on historical use (abandoned sites)

Step 3: Identification of responsible party for preliminary investigation, detailed site

investigation and site clean-up.

Polluter Pays Principle – Identified polluter is responsible for clean-up cost

Privately- Owned A. Potentially Contaminated Sites based on historical or current use (with current owner as the user

and polluter) Landowner is responsible for site investigations and clean-up costs.

B. Potentially Contaminated Sites based on current or historical use (with current owner not the polluter)

Contractual obligations determine the liable party. In the absence of contractual provisions assigning responsibility for site investigations and clean-up costs, landowner is responsible and can recover the costs from the polluter.

C. Potentially Contaminated Sites based on current use (with current owner as the lessor and not the polluter) Contractual obligations determine the liable party. In the absence of contract, polluter is responsible for site investigations and clean-up costs.

Public -Owned Government is responsible for costs for site investigations and of clean up of public owned sites including abandoned sites. If the government is not the polluter, it should also be able to recover from the polluter the costs for site investigations, identification of the polluter, and of clean up.

Step 1: Identification of POPs Contaminated Sites

Reporting from the community.

Self-reporting/due diligence work

Inventories by regulatory agencies

(See Figure 3)

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Figure 4. Procedure for identification of responsible party for the management of POPs

contaminated sites.

Contaminated Site Management and Sustainable Development

The management of contaminated land in the past is solely focused on the reduction of risks to human

health and the environment. With the introduction of sustainable development in 1987, defined as the

development which “meets the needs of the present generation without compromising the ability of the

future generations to meet their own needs”11

, there has been a shift from taking into consideration

environmental parameters alone to that which also considers social and economic factors.

In sustainable development, environmental aspects (technical and ecological) as wells as economic and

social domains – so called the “three pillars of sustainability” – must be addressed and weighed equally. It

is undesirable in sustainable land management or sustainable remediation that i.e. negative effects in the

economic domain will be compensated by the positive effects in environmental and social domain.

Environmental Domain

The environmental domain of sustainable land management or remediation is considered in decision-

making through the evaluation of site-specific management options. Five balancing factors are to be

considered in choosing a suitable remediation alternative. These include protectiveness, effectiveness,

long-term reliability, implementability and implementation risk.

Aside from the five balancing factors, the effects of actual land management or remediation to the

environment should be considered. These may include but are not limited to energy and water

consumption, CO2 emissions and waste production of remediation technologies. These can be

incorporated through the processes by which the following activities are to be performed; soil

excavation, soil treatment and soil, materials and equipment transportation.

Social Domain

Like the environmental domain, the social domain must also be considered in decision-making. Some

of the social effects that arise from contaminated land management or remediation are related to

change in land use, physical disturbances (i.e. noise or accessibility of the area) and health effects (i.e.

11 World Commission on Environment and Development, Our Common Future, Oxford University Press, http://www.un-

documents.net/our-common-future.pdf, 1987.

Step 5: Verification

EMB to validate site clean-up.

To issue clearance on site.

To reclassify from contaminated site listing.

To establish a monitoring program.

Step 4: Follow framework for the remediation planning and site

clean-up for High Priority POPs contaminated sites

(see Figure 3)

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of dust, smoke, odour), perception and acceptance of remediation alternative by local communities,

and their involvement.

Economic Domain

The factors to consider in decision making with regard to the economic domain of sustainable

development include but are not limited to cost of land management or remediation to government or

private companies, threat of higher end product or service cost to consumers, change in land value of

an area, employment and business opportunities to the local communities, and social profitability.

.

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SECTION FOUR

P AR T I

5 Preparation of the National Strategy

The inputs to the National Strategy for Management of Contaminated Sites were developed based on

these initial studies and activities:

Development of guidelines and conduct of inventory/registry of potentially POPs-contaminated

sites in the Philippines. The inventory was carried out within a limited timeframe so, while not

exhaustive, it presents valuable information on the status of potentially POPs-contaminated sites

needed to formulate the National Strategy.

Review of regulatory, liability, and financing approaches of other countries

Capacity assessment of regulatory agencies involved in the management of POPs contaminated

sites, including regulatory, technical capability, and resource needs

Legal review of liabilities related to contaminated sites

Assessment of economic aspects, financing options, and cost apportionment for POPs

contaminated sites using information from feasible management options identified for POPs

contaminated sites.

5.1 Conduct of National Inventory/Registry of

POPs Contaminated Sites

The National Inventory of POPs-Contaminated Sites was created in response to the obligation set by the

Stockholm Convention which laid down provisions on the development and maintenance of source

inventories for POPs and the National Action Plan on POPs.

The process of creating the National Inventory/Registry included:

Review of regulatory requirements and guidelines

Development of guidelines and checklists for conduct of inventory.

Preliminary survey which involved:

- Review of existing inventory reports

- Conduct of regional seminar/workshop as an inventory strategy

- Field visits and data collection and verification

Development of the database

The baseline inventory included 1,773 sites of which, 961 were potentially contaminated sites. The data

were inputted in the database of potentially contaminated sites and were used in the Preliminary

Assessment (PA) Scoring. Out of the potentially contaminated sites, 10 sites were nominated for ESA as

discussed in the next chapter.

The inventory surveys were conducted within a limited timeframe but were intended to target areas with high

probability of impacts through verification with the regional EMB offices and land owners. It is

recommended that the registry be updated through the database and extended to cover other contaminants

of concern associated with the historical and current land use. In addition, the study was limited to

identification of POPs in soil, it is recommended that the study be extend to groundwater and surface water

media.

In the context of the surveys performed, potentially contaminated sites were divided based on two

categories of contamination sources. Primary sources refer to those sites that currently posses and/or store

POPs chemicals or wastes that are confirmed or suspected to be contaminated with POPs. Secondary

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SECTION FOUR

P AR T I

sources refer to those sites with reported events of leaks and spills in soil or instances of pilferage or

explosion. Companies and facilities which were previously in possession of suspected and confirmed

contaminated waste or equipment without any reported proper storage or handling were also included in this

category.

The sites identified with preliminary sources of POPs can potentially contribute to land contamination

depending on storage, handling, and disposal practices. While there may be companies that do practice

proper waste management, the conducted preliminary site visits gave only a limited view on whether these

practices are carried out responsibly at all times. On the other hand, the sites with sources of secondary

contamination already gave an indication of sites that may require future assessment and/or remediation. All

sites with suspected and confirmed primary and secondary sources of contamination were candidates for

Preliminary Assessment Scoring.

Database of Potentially Contaminated Sites

The national inventory/list of potentially contaminated sites is currently contained in a database under the

management of the EMB. The database is the primary means by which data on potentially and confirmed

contaminated sites can be entered, retrieved, and modified. The data on potentially and confirmed

contaminated sites are based on the survey forms for pesticides, PCBs, and dioxins and furans. A survey

form for Other Contaminants has as well been included in order to accommodate information regarding

sites with contaminants other than POPs.

A limitation of this study is that it covers only the conduct of the inventory within a limited timeframe and

ESAs on 10 priority sites. If follow-on works shall be performed, it is recommended that additional site

assessments be done in order to define the extent of contamination which may include assessments

covering the groundwater and surface water media, aside from land. In addition, aside from the 12 POPs,

the studies should extend to a broader range of contaminants which is typically associated with the current

and historical land use of the site.

5.2 Development of the National Strategy

The data gathered from these activities were used in the development of the National Strategy for the

management of POPs contaminated sites.

20

SECTION FOUR

PART II

THE NATIONAL STRATEGY

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P AR T I I

6 Background

In the absence of a specific legislation, the Polluter-Pays Principle is to be followed in determining the

responsible party for identification and management of contaminated lands. The government is responsible

for public-owned sites including abandoned sites with provision for recovery of costs incurred if the

government is not the polluter.

The National Strategy in the Philippines adopted the best practices from review of contaminated land

strategies in the US and Australia. Other specific references include the following:

- Australian Capital Territory. Department of Urban Services. Environment and Land Bureau.

Strategic Plan, Contaminated Sites Management. August 1995.

- Development of Environmental Protection. Perth, Western Australia. Contaminated Sites:

Assessment and Management of Contaminated Land and Groundwater in Western Australia.

August 1995.

- Helen Davies. Environment Canterbury. Contaminated Land Management Strategy. January 2008.

- Renfrewshire Council Environmental Services. Contaminated Land Strategy, 2010-2015. Part IIA of

the Environmental Protection Act 1990. May 2010.

- United States Environmental Protection Agency, http://www.clu-in.org/.

The identified gaps and inadequacies, and formulated strategies and action plans were founded on what we

can view as data from baseline inventories and database, preliminary assessment and hazard scoring, and

baseline ESAs within the Philippines. The data gathered may change through time; thus, the

inventory/registry and database are intended to be live documents that should be continuously updated.

Because of the change in information as well as the methodologies in addressing contaminated lands, the

EMB should be able to adapt to these changes through an update in the strategy. Consistent with the

practice in other countries, the national strategy should be updated by the DENR-EMB in consultation with

various stakeholders as the need arises.

There is a need for a National Strategy in order to address the identified gaps within the current

framework in the Philippines. The suggested National Strategy and action plans have been formulated to

raise awareness among relevant industries and the community in order to mobilize them into action vis-a-

vis the creation of a strong legislative and liability framework, monitoring, and enforcement system by the

government.

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P AR T I I

7 Guiding Principles

Prevention and Clean-up

The objectives of contaminated site management are two-fold: prevention of contamination and clean-

up of contamination. Efforts should be given to identify and clean-up contaminated lands and avoid

contamination of other sites.

A risk-based approach will be followed in the management of contaminated sites. This approach

recognizes that “contamination does not, in itself, pose risks to the environment and general public

(receptors). Rather than just considering the option of “complete and permanent” removal of

contaminants, under a risk-based approach, the risk is managed either by containing the contamination,

setting restrictions on land use, or cleaning up the contamination to an acceptable risk level.”

Polluters must pay

The responsibility to take action and pay for site assessment, implementation of specific management

options, and remediation of contaminated sites would be guided primarily by the “polluters pay

principle.” Whoever undertakes activities that cause the contamination should be liable and should pay

for any work that needs to be done to clean up the contaminated site.

Sustainable Development and Site Specific Management

The internationally accepted principle of sustainable development will be applied in the implementation of

the national strategy. Sustainable development entails equally weighing economic, environmental, and

social parameters in coming up with site management options. This means that while the overall goal is to

reduce the levels of contamination, it should be done in a manner that does not sacrifice economic and

agricultural development as well as social aspirations and environmental integrity. Given that potential

clean-up sites will have varying states of economic, social and environmental conditions, then site

management will likewise be site specific. No blanket strategies are recommended but only guiding

principles and processes.

Stockholm Declaration Principles

The Stockholm Convention agreed upon the declaration of twenty-six principles on development and the

environment. The principles applicable to contaminated lands were taken into consideration in the drafting

of this strategy:

o Natural resources must be safeguarded

o Science and technology must be used to improve the environment

o Environmental education is essential

o Each nation must establish its own standards

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8 Guiding Policy

a. Compliance Obligations

In the Philippines, while several laws give rise to obligations relating to the import, manufacture, sale,

distribution, use and disposal of chemical substances, pesticides, and toxic and hazardous wastes, there

are very limited provisions in law that give rise to obligations on the management of POPs-contaminated

sites (i.e. identification, site assessment, monitoring, remediation, clean-up and decontamination).

Republic Act No. 6969 or the Toxic Substances and Hazardous and Nuclear Wastes Control Act gives

rise to compliance obligations including, among others the:

mandate of the DENR to keep an updated inventory of chemicals manufactured or used, and to

prevent entry of hazardous wastes and their disposal into the country;

submission of information (about the chemical substance, quantity to be manufactured, imported

or processed, processing and disposal, test data on health and environmental effects) prior to

manufacture and importation;

testing of chemicals under certain conditions; and

prohibition of use of chemicals imported, manufactured, processed or distributed in violation of

the law.

The Environmental Management Bureau Memorandum Circular 2001-011 on the Scope of

Compliance Monitoring for Industrial Chemicals and Toxic Substance under Title II of RA 6969, reiterates

that all concerned importers, manufacturers, users of controlled chemicals, among others are required to

register and secure the necessary permits and clearances. Absences of these permits and clearances

and non-compliance with the terms of these permits and clearances are administrative and/or criminal

violations.

Other laws and regulations with provisions that directly or indirectly benefit or result in prevention, control

or management of POPs releases and site contamination and which give rise to compliance obligations

are:

Republic Act No. 8749, the “Philippine Clean Air Act,” which:

o mandates the DENR to establish an inventory list of POPs in the country and to develop

national programs on the reduction and elimination of POPs such as dioxins and furans;

o sets the limit value for dioxins and furans emissions from stationary sources; and

o bans incineration or the burning of municipal, bio-medical and hazardous wastes which

emit toxic and poisonous fumes. The law, however, allowed the traditional small-scale

method of community/neighborhood sanitation "siga" (Section 20). This was reversed by

Republic Act No. 9003, Ecological Solid Waste Management Act which clearly prohibits

open burning without any exception (Section 48). Only non-burn technologies can be

used for the destruction, decomposition or conversion of wastes.

Fertilizer and Pesticide Authority (FPA) Administrative Orders

o The FPA banned most POPs pesticides (aldrin, dieldrin, endrin, heptachlor and

toxaphene) since the 1980s. Chlordane was banned by the FPA in 1999. While the FPA

restricted the use of DDT only for pest control against malaria, the Department of Health

decided to stop its use since 1992.

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P AR T I I

Table 2. Status of POPs regulation.

Pesticide Status Legal Issuance

1. Aldrin Banned FPA Pesticide Circular No. 4, Series of 1989

2. Dieldrin Banned FPA Pesticide Circular No. 4, Series of 1989

3. Endrin Banned FPA Pesticide Circular No. 5, Series of 1983

4. Heptachlor Banned FPA Pesticide Circular No. 4, Series of 1989

5. Toxaphene Banned FPA Pesticide Circular No. 4, Series of 1989

6. Mirex Never Registered All provisions of PD 1144 apply

7. Hexachlorobenzene Never Registered All provisions of PD 1144 apply

8. Chlordane Banned FPA Pesticide Resolution No. 01‐99, Series of 1999

9. DDT Restricted FPA Pesticide Circular No. 11, Series of 1978

10. PCB Banned DENR Administrative Order No. 01, Series of 2004

11. Dioxins Continuing inventory and monitoring

Republic Act 8749 (Clean Air Act) mandates the DENR to develop national programs on the reduction and elimination of POPs such as dioxins and furans

12. Furans Continuing inventory and monitoring

Republic Act 8749 (Clean Air Act) mandates the DENR to develop national programs on the reduction and elimination of POPs such as dioxins and furans

*P.D. 1144 = Presidential Decree Creating the Fertilizer and Pesticide Authority which requires registration for pesticides, fertilizer or

other agricultural chemical prior to export, import, manufacture, formulation, storage, distribution, sale, transport, delivery, or use.

Persons engaged in these activities need to secure a license from the FPA.

Chemical Control Order on PCBs (DENR Administrative Order 2004‐01) which, among others:

o requires registration by facility owners with PCB equipment; annual reporting and

submission of inventory reports; compliance with handling, labeling, storage, treatment

and disposal requirements; preparation of PCB spill prevention and clean-up plan, PCB

storage facility closure plan, and PCB management plan; provision of pollution liability

insurance coverage to guarantee payment for clean-up, damage claims and other

environmental liabilities that may arise in case of accidents; and posting of an annual

surety bond equivalent to 150% of current cost of proper PCB disposal to guarantee

payment in case of closure or abandonment;

o prohibits the importation, sale, manufacture, transfer and use of PCBs in the country; and

o prohibits the storage of PCBs, PCB equipment or articles by 2014.

Clarifications to the Chemical Control Order (CCO) for Polychlorinated Biphenyls (PCBs),

Memorandum Circular (MC) No. 04, series of 2015

o included objectives in enforcing the Environmentally Sound Management (ESM) of PCBs

and introduced the online database.

o requires that PCB Management Plan be submitted online within six months after being

issued a Technical Guidance Document by the EMB. The PCB Management Plan

includes a Health and Safety Plan, Disposal Plan, Emergency Response, and

Facility Closure Plan. The EMB Regional Offices will then approve the PCB Management

Plan after submission, together with the other requirements.

o requires that all PCB owners must also designate their own Pollution Control Officers.

Republic Act No. 9003, the “Ecological Solid Waste Management Act,” which, among others:

o prohibits the open burning of solid waste and importation of toxic wastes misrepresented

as “recyclable” or with “recyclable content” (Section 48);

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P AR T I I

o mandates the development of a National Solid Waste Management Framework which

includes the method and procedure for phase out and closure of open dumps and/or

sanitary landfills within an aquifer, groundwater reservoir or watershed, and the profile of

sources including industrial, commercial, domestic and others (Section 15);

o mandates the development of a Local Government Solid Waste Management Plan which

should include a program for handling and disposal of special wastes defined as

“household hazardous wastes such as paints, thinners, household batteries, lead-acid

batteries, spray canisters and the like. These include wastes from residential and

commercial sources that comprise of bulky wastes, consumer electronics, white goods,

yard wastes that are collected separately, batteries, oil, and tires (Section 16);

o requires that toxic materials present in the waste stream should be separated at source,

collected separately, and further screened and sent to appropriate hazardous waste

treatment and disposal plants, consistent with Republic Act 6969 (Section 28); and

o at sanitary landfills, personnel assigned at the site be trained in hazardous materials recognition and screening and a record of this training shall be placed in the operating record (Section 42).

9 Gaps and Inadequacies in the Philippine

Scenario

The management of POPs contaminated sites in the Philippines is faced with these challenges:

Existing Philippine laws do not provide a clear definition of POPs contaminated sites. There are

no standards defining when land is considered contaminated by POPs.

Current laws and regulations do not give rise to obligations for management of POPs

contaminated sites. Liabilities for clean up are either lacking, unclear, or are insufficient to pose a

credible threat for errant behavior.

While several laws cover POPs management, there is no comprehensive framework on POPs-

contaminated site management.

Command-and-control rather than market-based instruments is the predominantly used

enforcement mechanism.

Current laws recognize the importance of inter-agency coordination in the management of POPs

and this same approach would be needed for the success of POPs-contaminated site

management.

There is a lack of adequate incentives and disincentives that would encourage and lead to

identification and clean-up, and management of POPs contaminated sites.

There is a lack of a system to finance management of POPs contaminated sites.

Regulatory agencies lack the means and support for contaminated site management in the form

of legislation, annual budget allocation, sufficient number of technical personnel, continuous

training, and an analytical laboratory with modern equipment.

There is no comprehensive inventory/registry of POPs contaminated sites and no existing system

for information transfer.

The identified gaps and inadequacies can be grouped into five broad areas of concern for the

management of contaminated sites. These are namely:

1. Enabling Policy

2. Enforcement

3. Capacity and Institutional Building

4. Economic and Financing

5. Information Transfer

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6. Education Campaign

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10 Strategies to address gaps in the Enabling

Policy

The Philippines ratified the Stockholm Convention in 2004 and outlined its programs to meet its obligations

under the Convention in its National Implementation Plan (NIP) in 200612

. In the NIP, the Philippine

Government set a goal to completely identify all contaminated sites and hotspots, and design appropriate

management strategies to protect public health and the environment. To date, however, there is no policy

that enables the Department of Environment and Natural Resources to effectively manage contaminated

land in the Philippines, in general, and POPs contaminated land in particular.

While the Toxic Substances and Hazardous and Nuclear Wastes Control Act (Republic Act No. 6969)

regulates, restricts or prohibits the importation, manufacture, processing, sale, distribution, use and disposal

of chemical substances and mixtures that present unreasonable risk and/or injury to health or the

environment; and prohibits the entry of hazardous and nuclear wastes and their disposal into Philippine

territory, it does not contain provisions for management of contaminated lands.

Water contamination is covered by the Philippine Clean Water Act (Republic Act No. 9275) and the

provisions of RA 9275 are broad enough to cover POPs contamination of water resources.13

Action Plan

Establish criteria, guidelines or standards for POPs contaminated sites identification and

clean-up

On the basis of Executive Order No. 192 series of 1987 also called the “Reorganization Act of the

Department of Environment and Natural Resources,” the DENR can set criteria, standards or

guidelines in relation to land contamination. These criteria, standards or guidelines be drafted in

such a way that they are easy to enforce considering resource limitations of government, do not

pose an unreasonable burden on responsible parties and the public, and aimed at achieving the

objective of protecting public health and the environment.

o Set criteria, guidelines or standards for identification of POPs contaminated sites

The purpose of the criteria or screening levels is to prioritize attention to contaminated sites that

pose the greatest possible threat to human health and the environment. The recommended

criteria or screening levels for identification of POPs contaminated sites shall be set by the

DENR Environmental Management Bureau based on results of the study on “Site

Characterization Guidelines and on lessons learned from the experience of other countries.

The screening levels proposed by the above-cited study are provided in the table below:

12 DENR. Final National Implementation Plan for Stockholm Convention on POPs. 2006.

13 RA 9275 prohibits and subjects these acts to penalties — “allowing to seep into the soil or sub-soil any substance in

any form that would pollute groundwater” and “operating facilities that discharge or allow to seep, willfully or through

gross negligence, prohibited chemicals, substances or pollutants listed under R.A. No. 6969 into water bodies or

wherein the same shall be liable to be washed into such surface, ground, coastal, and marine water” (Section 27).

Objective

Formulate the enabling policy for management of POPs contaminated sites.

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Table 3. Recommended Philippines Tier 114

Screening Values for Soil.

POPs Parameter Philippines – Recommended

Values (mg/kg)

Aldrin 0.1

Chlordane 1.6

Total DDT (DDT+DDE+DDD)

4

Dieldrin 0.11

Endrin 18

Heptachlor 0.28

HCB 1.1

Mirex 0.096

Toxaphene 1.6

PCBs Total 0.74

Dioxin (I-TEQ) 0.00018

o Set risk-based clean-up targets of contaminated sites

Clean-up standards or targets are the contaminant levels that need to be achieved as a result

of remediation or clean-up efforts. Risk-based clean-up standards or targets are recommended.

“With a risk-based approach, it is recognized that contamination does not, in itself, pose risks to

the environment and general public (receptors). Rather than just considering the option of

“complete and permanent” removal of contaminants, under a risk-based approach, the risk is

managed either by containing the contamination, setting restrictions on land use, or cleaning up

the contamination to an acceptable risk level.”

Examples of risk-based clean-up standards are provided below:

USEPA Regional Screening Levels

The USEPA Regional Screening Levels15

(RSLs) can be used to screen various contaminants

including pesticides, PCBs, and dioxins and furans.

The USEPA has established a target cancer risk range of 1x10-6

(one in 1,000,000) to 1x10-4

(one in 10,000) within which it strives to regulate. Review of historical regulatory actions by the

USEPA reveals that USEPA almost never regulates at a theoretical cancer risk below 1x10-6

(de minimis) and almost always regulates at a theoretical cancer risk above 1x10-4

(de

manifestis). Targeting the cancer risk range in between 1x10-6 and 1x10

-4 as the risk objective

minimizes the number of people exposed to risks above 1x10-6

, but also takes into account the

relative cost for the cumulative risk “saved”, as well as other factors, such as the overall size of

the exposed population.

14 Tier 1 is a set of generic guidelines that provide simple tabular values that were developed based on conservative

scientific assumptions about soil and groundwater characteristics. Two of the three risk assessment components,

receptors and pathways, are already built into a Tier 1 assessment; therefore, only the contaminants need to

be considered. Tier 1 assessments require minimal site- specific information and can be applied to most sites without

modification. 15

USEPA. US Environmental Protection Agency, Superfund Regional Screening Levels.

http://www.epa.gov/region9/superfund/prg/, 19 July 2014.

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The published 2014 RSLs correspond to a target cancer risk level of 1 x 10-6. Those RSLs that

are based on non-carcinogenic effects are based on a hazard quotient (HQ) of 1.0. RSLs for

potentially carcinogenic contaminants of interest (COI) can be multiplied by a factor of 10 in

cases where the 1 x 10-5

Excess Lifetime Cancer Risk (ELCR) is being used.

The USEPA RSLs can be used in the absence of site-specific exposure assessments. It is applicable for a Tier 1 screening due to the following reasons:

Prioritizing multiple sites or operable unit or areas of concern within a facility or exposure

units;

Setting risk-based detection limits for contaminants of potential concern (COPCs);

Focusing future site investigation and risk assessment efforts (e.g. selecting COIs for the

baseline risk assessment);

Identifying contamination which may warrant cleanup;

Identifying sites, or portions of sites, which warrant no further action or investigation; and

Initial cleanup goals when site-specific data are lacking.

Dutch Intervention and Target Values

The Dutch Soil remediation Circular of 2009 provides groundwater target values and soil and

groundwater intervention values (Table 1 of Soil Remediation Circular) that can be used for an

initial screen. Table 2 of the Soil Remediation Circular of 2009 which shows indicative levels for

a “serious contamination” is used in the screening process in cases where serious

contamination is deemed to exist. Such condition occurs when the average concentration

measured of at least one substance in a soil volume of at least 25 m3 in the case of soil

contamination, or a pore-saturated soil volume of at least 100 m3 in the case of groundwater

contamination, is higher than the intervention value. This implies that these sets of standards

are intended to be applied on a spatial case and not for comparing to individual sample results

as what is needed in a Tier 1 screening.

Groundwater target values taken from the Integrated Environmental Quality Standards16

provide an indication of the benchmark for environmental quality in the long term, assuming

that there are negligible risks for the ecosystem. The target values are underpinned by a risk

analysis wherever possible and apply to individual substances.

The soil remediation intervention values indicate when the functional properties of the soil for

humans, plants and animals is seriously impaired or threatened. They are representative of the

level of contamination above which a serious case of soil contamination is deemed to exist.

The groundwater intervention values have been taken unrevised from the Circular for Soil

Remediation Target and Intervention Values (2000).

The published 2009 Dutch standards correspond to a target cancer risk level of 1 x 10-4.

Therefore, the RSLs for potentially carcinogenic contaminants are to be divided by a factor of

10 in cased when the 1 x 10-5

Excess Lifetime Cancer Risk (ELCR) is to be used in risk

assessment.

ANZECC Ecological Screening Values

The “Australian and New Zealand Guidelines for Fresh and Marine Water Quality17

” can be

used to screen out COPCS that pose a risk to the aquatic system. Impacted groundwater from

16 Ministry of Housing, Spatial Planning and the Environment. Integrated Environmental Quality Standards for Soil,

Water and Air, 1997. 17

Australian and New Zealand Water Quality Guidelines for Fresh and Marine Water Quality. 2007.

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the contaminated site may flow into the adjacent water bodies thereby potentially posing a risk

to ecological receptors.

Trigger values derived by ANZECC have been calculated at four different protection levels,

99%, 95%, 90% and 80%. The percentage indicates the percentage of species expected to be

protected and should be evaluated before use.

Clearly set the procedures for contaminated site assessment and management including a

mechanism for reporting by various stakeholders and response by the EMB

As part of the DENR Administrative Order, clearly set the procedures for contaminated site

assessment and management including response system by the EMB. The suggested procedure is

summarized below.

Data from inventories conducted by regulatory agencies, reporting from community, and self

reporting i.e. from due diligence work, make-up the database of potentially contaminated sites at the

preliminary survey stage. Data can be accessed on a per region level by EMB regional office

representatives who has the capacity to enter data and view the survey forms and corresponding

answers. Sites with potentially polluting activities whether current or historical are then

recommended for preliminary site investigation by the EMB representatives. Data from the

preliminary surveys shall undergo a preliminary assessment scoring to be also conducted by EMB

representatives where a numeric assessment system is used to qualitatively estimate the sites’

relative potential to pose a threat to human health or the environment. This is done in order to

accordingly allocate budget to sites based on priority ranking. Follow-on dialogue with the EMB and

the responsible parties are then carried out and a series of detailed site investigations may be

recommended up to the point that data is sufficient to assess whether a site is contaminated or not.

Site management plans are then developed and carried based on whether the site is low, medium,

or high priority after the preliminary site investigation and detailed site investigation stages. The

project administration team at the EMB who have the authority to enter, view, modify, and delete

survey forms and the data are responsible for updating the site status and classification.

Assign responsibility for preliminary investigation, detailed site investigation and potential

site clean-up

o The polluter pays principle is to be followed in determining responsibility to pay for the

costs of preliminary investigation, detailed site investigation and potential site clean-up

The polluter pays principle is the rule to be followed in assigning responsibility for site

investigation and clean-up. An exception to this is if there is an agreement or contract entered

into by parties assigning responsibility for site investigation and clean-up costs; in this case, the

agreement is to be respected and liability can be transactable between mutually informed and

consenting parties.

If the polluter is the current landowner or has control over the potentially contaminated land, he

is responsible. If the polluter is not the current landowner or no longer has control over the land,

the polluter is still ultimately responsible. In the meantime, the current landowner shall be

responsible for site investigation and appropriate management or remediation action, but he can

recover his costs from the polluter. There are several reasons for giving the current landowner

the responsibility. First, if any action is to be taken on the potentially contaminated land, it is the

landowner who has the authority to permit it. Second, it will be to the benefit of the current

landowner that the doubt of potential contamination of his property is removed or that the land

contamination is either contained or managed so he can make full use of his property. Third, it is

likely that the accused polluter will deny that his activities caused the land contamination and this

may entail a long lawsuit to ascertain who caused the contamination.

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Putting the financial burden completely on the current landowners for clean-up of historical land

contamination they are not responsible for could result in lawsuits and cause contaminated lands

to remain idle. The Philippine government may consider extending financial assistance and/or

provide incentives to landowners in this situation.

The succeeding section outlines the proposed guidelines for attributing financial responsibility for

site investigation and clean-up of POPs contaminated sites depending on whether the potentially

contaminated land it is privately-owned or government-owned.

Privately-Owned

A. Potentially Contaminated Sites based on current or historical use (with current owner as the

user and polluter): Landowner is responsible for site investigations and clean-up costs.

B. Potentially Contaminated Sites based on current or historical use (with current owner not the

polluter): Contract or agreement determines the liable party. In the absence of contract

assigning responsibility for site investigations and clean-up costs, landowner is responsible

and can recover the costs from the polluter.

C. Potentially Contaminated Sites based on current use (with current owner as the lessor and

not the polluter): Contractual obligations determine the liable party. In the absence of

contract assigning responsibility to other persons, the polluter-lessee is responsible for site

investigations and clean-up costs.18

D. If all of the potentially responsible parties prove to have no resources to pay for the site

investigations and the clean-up, and the potential threat of harm to the public from the

contamination is great, the government may consider several options such as: moving the

community out of harm’s way by relocating them, advancing the costs of and recover the

same from the polluter or exercise its power of eminent domain or the power of expropriation

to appropriate the contaminated private land for public use upon payment of just

compensation.

E. If the land contamination is committed by a partnership, corporation, association or any

juridical person, the partner, president, director or manager who shall consent to or shall

knowingly tolerate such acts causing the land contamination shall be directly liable and

responsible for the act of the employees and shall be liable to pay for costs of site

investigation and clean-up.

Government-Owned

Government is responsible for costs for site investigations and of clean up of public-owned sites

including abandoned sites. If the government is not the polluter, it should also be able to recover

from the polluter the costs for site investigations, identification of the polluter, and of clean up.

Establish a scheme for Monitoring and Evaluation.

Measures should be established for third party auditors and professional organizations to take an

active role in the continuous monitoring of the established policy on contaminated lands. A clear

and transparent process for the identification and management of contaminated sites should be in

place and consistently applied in the country. The monitoring and evaluation framework shall

18 Article 1665, Civil Code of the Philippines states “The lessee shall return the thing leased, upon the termination of the

lease, as he received it, save what has been lost or impaired by the lapse of time, or by ordinary wear and tear, or from

an inevitable cause.”

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provide useful feedback to the EMB as to the effectiveness and need for update of the national

strategy. It is anticipated that contaminated land management efforts would open a new service

industry where home-grown (Philippine-based) auditors are encouraged to be accredited and

certified.

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11 Enforcement Strategies

Enforcement strategies aim to increase compliance by responsible parties with obligations related to the

identification, monitoring, management, clean up and/or remediation of POPs-contaminated sites. These

may take the form of a variety of market based instruments, which may provide a set of incentives and

disincentives. These may include fines and penalties for violation of current and possible expansion of laws

and regulations. Other measures include social pressure through threats of public disclosure inducing

voluntary environmental initiatives (VEI) and institutional measures such as information regulation and inter-

agency cooperation.

Action Plan

Necessitate immediate action on high priority sites

Where the property is a private property that is clearly determined to be contaminated and the

nearby surrounding community is in imminent danger of harm from the contamination and the

landowner and the polluter, even after diligent and persistent efforts to locate and contact them,

cannot be contacted and located, the government shall consider several solutions with the primary

aim of securing the health and welfare of the public. In line with the principles of sustainable

development which considers the environmental, economic and social aspects, the government

may consider the option of moving the community out of harm’s way by relocating them. Another

option available to the government is to exercise its power of eminent domain or the power of

expropriation to appropriate the contaminated private land for public use upon payment of just

compensation; once the government has acquired the rights over the property, it can take the

appropriate management and remedial action which may consist of engineering and institutional

controls or a combination or both. Engineering controls may consist of construction of soil cover

and vapor barriers, fencing and/or soil, and concrete or asphalt caps. Institutional controls include

the use of restrictions, closure or suspension of activities, zoning, relocation, monitoring and worker

safety programs. Once the property, now owned by the government, is remediated, it is likely going

to increase in value and may be disposed of to recover the cost that the government spent for

acquiring the property and for remediation.

The enforcement strategies adopt the concept of sustainable development where the economic,

environmental, and social dimensions are considered in the prevention and clean-up of sites by

responsible parties. Factors to consider may include the possibility of displaced workers and

residents, stoppage of economic activities, negative perception from nearby communities and

possible impact on ecosystems and should be taken into consideration in the development of site-

specific management plans.

Update, maintain, and improve the registry of POPs contaminated sites

While there are already existing laws that obligate the firms to conduct inventories of POPs

chemicals, equipment, and articles, the proposed Senate Bill as mentioned in Section 8, more

clearly describes the registry that shall cover contaminated sites.

o The registry shall comprise of confirmed contaminated sites in the country based on the

soil quality standards set pursuant to Section 17 of the Senate Bill

o The registry provides a complete listing of all such sites, their exact location and the types

of waste found at each site

Objective

Increase compliance through the use of market-based instruments (such as fines and penalties), social

pressure through threat of public disclosure, and institutional measures.

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o The Department shall assess, based upon new information received, the relative priority of

the need for action at each site to remedy environmental and health problems resulting

from the presence of hazardous and radioactive wastes at such sites

o That any site classified as properly closed or remediated where no evidence of present or

potential adverse impact exists shall be deleted from the registry.

Initial efforts for a national inventory/registry of potentially contaminated sites were performed as

Phase 1 of the Integrated POPs Management Project. Limitations and recommendations on the

conduct of the national inventory/list are summarized below:

Preliminary Survey

o The surveys should be continuously updated by EMB regional offices and relevant

stakeholders. The inventory was carried out within a limited timeframe so, while not

exhaustive, it presents valuable information and aimed to target sites with high probability of

POPs contamination in soil due to current and historical land uses.

Database Development

o The database is currently being managed by DENR-EMB and cannot yet be accessed by

regional offices. Trainings and workshops have been performed however, it is recommended

that projects and case studies be performed per regional office in order to assess the

capacity of regional offices to actually perform the surveys and supply information in the

database.

o It is recommended that the use of the database be performed first by the regional offices in

order to target areas of improvement before reporting by the public is encouraged.

o Currently, ranked sites can be seen in the database however, the preliminary assessment

scoring is being performed out of the database. Once case studies indicate that regional

focals are able to perform the assessment scoring for actual sites, efforts should be made to

automate hazard ranking in the database.

o The database should also be updated so the users can see site classification as suggested

below:

- Pre Site Investigation: Not Contaminated;

- Investigation Required;

- Low Priority: Not Contaminated;

- Medium Priority: Restricted Use ;

- Medium Priority: Unrestricted Use;

- High Priority: Remediation Required; and

- Decontaminated Sites

Preliminary Assessment Scoring

o The preliminary assessment scoring was performed for the identified investigations-required

sites. However, if preliminary survey data is incomplete, the scores generated could

potentially be erroneous. It is recommended that aside from entry and addition of new sites

in the database, efforts should be made to update information once data become available

for identified sites.

o Similar to the USEPA models, the IPOPs PA Scoring is a numerically based screening

system that uses information from initial, limited investigations to assess the relative potential

of sites to pose a threat to human health or the environment. This information has been

collected through site surveys and site reconnaissance and provided in an on-line database.

The DENR may elect to perform a secondary assessment scoring which could take the form

of the USEPA’s Hazard Ranking System once data become available after preliminary and

detailed site investigations where levels and extent of contamination through intrusive

sampling are identified.

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Preliminary and Detailed Investigations

o Resources allowed for conduct of ESA in only 10 sites. Out of the 961 investigation-required

sites, only 10 sites after the preliminary assessment scoring underwent preliminary

investigations. It is recommended that the database information be updated and site

investigations (ESA) be performed in investigation-required sites.

o Only preliminary investigations were conducted in the 10 demonstration sites, detailed

investigations were recommended in some sites and would need to be performed in order to

fully assess the sites and address data gaps.

o Investigations should also extend to sites with probable dioxin and furan contamination in soil

since the 10 demonstration sites only covered only pesticide and PCB contamination.

o In addition, efforts should be made to fully characterize the sites to cover broader

contaminants with respect to current and historical land use and not just cover POPs.

Investigations should also extend to groundwater and surface water media aside from soils.

In order for the national inventory/registry to be utilized as an enforcement vis-à-vis the creation of

strong legislative framework and presence of institutional support, the suggested action plans on a

regional level revolve around the following:

o Creation of measurable targets (scope, timeline, and other resources) per EMB regional

office in order to create a system for the identification and management of contaminated sites

using previous trainings and tools available. Trainings have already been conducted with

regional office representatives regarding the conduct of inventories.

o Defining of activities, responsible parties, budget allocation, and performance indicators in

order to satisfy the targets identified.

o Prioritization of the identified activities based on manpower and budget.

o Implementation of the activities. Activities that can be performed with the current resources

available in each RO should already be initiated.

Implement a set of market based instruments to encourage appropriate active waste

management, prevention of contamination, and clean-up of contaminated sites by the

responsible parties (polluters must pay)

No single instrument can encourage the right behavior of responsible parties. Thus, what is needed

is a set or group of cohesive and complementing policy instruments, which may include:

a. Expanded liability rules- Liability rules include fines and penalties base on current laws, which

may be expanded to cover violations related to land contamination;

b. Deposit (Environmental Guarantee Fund)-refund scheme for active waste management and

remediation;

c. Tax incentives for ‘brownfield’ development; and

d. Mandatory environmental insurance.

The context and details of these instruments are discussed in the succeeding section on Economic

and Financing Strategies.

Encourage public reporting in for the prevention and clean-up of contaminated

The public can play an important role in reporting potentially contaminated sites. This augments the

limited enforcement capacity of the government and helps develop an empowered public that can

protect themselves and their communities from potential harm. Potential contaminated sites that

are reported by the public can be entered into the database using the Report-A-Site form. These

sites will undergo the Contaminated Sites Management process; further actions will then be taken

by the EMB depending on the results of these steps.

Establish a complementary system of (i) disclosure and reporting by the public and (ii)

response by the EMB

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Soliciting public participation will not be able to successfully address the issue of management of

contaminated sites without an adequate response system by the government. A system should be

established in which the EMB and other government agencies will be able to provide adequate and

timely assistance to the reporting party as well as the party responsible for clean-up. It is

envisioned that since the EMB has the major role in accessing and updating the database and

inventory of contaminated sites, the EMB should be the lead in efforts to assist and investigate such

reports.

Encourage and incentivize voluntary commitment by polluter or responsible party to clean-

up contaminated sites.

Clean-up and remediation activities for POPs contaminated lands have been performed in the

Philippines. Firms and institutions that have voluntarily performed such activities do so as part of

the companies’ Corporate Social Responsibility initiatives. The DENR-EMB can recompense and

further solicit voluntary commitment to clean-up contaminated sites by establishing a system that

can provide incentives such as relaxation on taxes to polluters, lot owners or agencies willing to

finance investigation and clean-up of sites.

Consider to implement a polluter management scheme as another means to encourage

voluntary action by responsible parties.

In this scheme, the polluter is given the obligation and opportunity to perform site management

within the level and measures that the regulation defines. The responsible party may perform the

various stages of contaminated land identification and management. Upon determination that a site

is contaminated, the responsible party shall develop a remediation plan with the EMB to review.

Once the plan is implemented and adequate verification has been performed, the EMB shall

declare the site as a decontaminated site. EMB may consider engaging a third party to perform an

independent technical review of the work performed.

Institutionalize information regulations

Information regulations are meant to ensure that timely and appropriate information is available to

the government, landowners, developers, potential buyers, and the community. It can also aid in

creating an environment where polluters voluntarily conduct site investigations and site clean-up.

The Senate Bill recognizes the importance of information regulation as it mandates the publication

of a Wastes Management Status Report which shall include among others a list of identified

contaminated sites.

A separate section on Information Transfer describes the different measures (e.g., disclosure and

database entry, land title encumbrances, permit control) that the government could institutionalize to

strengthen enforcement of land contamination laws and regulations.

Strengthen inter-agency coordination for effective implementation and enforcement of land

contamination laws and regulations and strengthen the role of LGUs

In the Senate Bill, an Inter-Agency Technical Advisory Council (IATAC) is to be created for the

purpose of policy integration and harmonization and coordination of functions in the implementation

of the proposed Philippine Hazardous and Radioactive Wastes Management Act. The proposed

IATAC could serve as the inter-agency coordination mechanism for the management of POPs

contaminated sites. Among the functions of IATAC are to formulate assessment criteria of the

proposed BAT/BEP to be used in hazardous wastes management; and constitute a multidisciplinary

body to conduct annual audit of TSDF operators to determine compliance with the terms and

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conditions in permits and licenses. An additional function could be added which is to coordinate the

effective management and enforcement of laws and regulations governing land contamination.19

The role of local government units where contaminated sites or potentially contaminated sites are

located should be strengthened because as affected stakeholders they have a vested interest to

protect their communities from potential contamination and from the effects of already contaminated

lands. Some roles that LGUs could play are in the reporting of potentially contaminated lands,

curtailing activities which could result in land contamination through ordinance, and providing local

tax incentives for clean-up and remediation.

The existing inter-agency committee for POPs is anticipated to be comprised of the same

government agencies with that of the proposed Interagency Technical Advisory Council (IATAC) in

the new Senate Bill. However, the IATAC as stated in the Senate Bill is not specific to POPs;

instead, it covers all functions for toxic and hazardous contaminants management. It is essential for

the envisioned IATAC to function for POPs management in order to address the already identified

issues on POPs contaminated sites.

19 IATAC is to be chaired by the Secretary of Environment and Natural Resources and co-chaired by the Secretaries of

Health and of Science and Technology. Other members include (a) Secretaries of the departments of agriculture,

finance, trade and industry, national defense, foreign affairs, transportation and communications; (b) presidents of the

leagues of cities, municipalities, provinces, barangays; (c) director general of the Philippine Export Zone Authority; and

(d) representatives of civil society, industry, TSDF operators, and academe.

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12 Capacity and Institutional Building Strategies

Technology Application

Clean-up technology is a vital factor in the management of contaminated sites. Technologies refer to

current tools that could affect site decontamination with greater degree of efficiency at a shorter period of

time. There are several technologies that are introduced in the local and foreign markets (e.g., solvent

extraction, sodium, pyrolysis, and solidification/stabilization). Each technology has its own unique features

in terms of performance efficiency and cost effectiveness.

Action Plan

Identify and evaluate cost effective and high performance non-combustion technology In order to clean-up contaminated sites and prevent their occurrence, application of appropriate

local or foreign technologies shall be done. This could be done by the identification and thorough

evaluation of cost effective and high performance non-combustion technologies in the market. To

validate their performance under local conditions, environmental technology verification (ETV) shall

be conducted by DOST in coordination with the DENR. ETV will verify the various claims of the

technology vendors regarding technology performance efficiency and shall be tested under local

conditions.

Under the Remediation Characterization Guidelines

20 (Berkman, for finalization as of this writing),

information are available regarding remediation technologies that may be applied to contaminated

sites, including cost estimates which responsible parties for clean-up can refer to during the

remediation planning stage.

Perform trainings and workshops in terms of policy development, budgeting, hiring of

technical personnel, technical training and setting up of laboratory and equipment for POPs

management.

The fiscal budget of EMB for personnel services, education and training and capital outlay for

laboratory facilities shall be properly allocated. The budget for the hiring and training of new

technical personnel that will be involved in the sampling and analysis of POPs should be provided.

Additional budget for the procurement of analytical equipment for POPs sampling and analysis

should also be looked into.

Capacity building shall be done in regions where high priority levels of contaminated sites are found

and POPs laboratories are non-existent.

Encourage and establish accreditation requirements for private laboratories and TSD

facilities to expand their services.

20 Berkman Systems, Inc. Remediation Characterization Guidelines. 2014 (for finalization).

Objective

To be effective agencies responsible for the management of contaminated sites, the EMB regional

offices and other government agencies should undergo institutional and capacity building. In addition,

private agencies should be encouraged to further expand their services to augment the capacity of

government agencies. Likewise, the application of appropriate local or foreign technology should be

done to adequately clean-up contaminated sites.

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Private laboratories and TSD facilities shall be encouraged to expand their equipment and services

dedicated to the analysis of POPs. This however shall be supported by adequate processes for

accreditation by the EMB in order to ensure reliable data quality from the laboratories and TSD

facilities. Fiscal incentives shall be provided by the government such as exemption from customs

duties and national internal revenue taxes on the importation of required supplies and spare parts

for consigned equipment or those imported by a registered enterprise with a bonded manufacturing

warehouse be tax- and duty-free. Likewise, non-fiscal incentives such as simplification of customs

procedures for the importation of equipment and spare parts shall also be granted. It is anticipated

that such incentives will encourage investment and at the same time competition among

laboratories and TSD facilities.

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13 Economic and Financing Strategies

A study was conducted in order to outline a possible structure of incentives and financing options that will

support the implementation of the National Strategy.

Outlined below are incentives and financing strategies that will support the implementation of the National

Strategy for POPs Contaminated Sites. The structure relied on experiences and examples from other

countries in implementing market-based instruments designed to manage POPs. Data from the technical

component of the National Strategy and secondary data were also used to make back of the envelope

calculations to estimate values of the needed levels of fines and penalties that would solicit immediate and

full remediation.21

The proposed set of incentives is a mix of liability rules and economic or market-based incentives as well as

ex-ante and ex-post instruments. Cost sharing or apportionment of costs is based on the responsibilities of

both the private sector and the government. As a regulatory body, the government would (and should) also

be actively involved in the whole management process. Aside from liability rules, the proposed system also

relies on a Deposit (Environmental Guarantee Fund) - Refund scheme to provide incentives for active waste

management. The deposit is in the form of an Environmental Guarantee Fund, which can be used to later

finance either eventual disposal of existing stored stockpiles or remediation or clean up in case of spills or

accidents. Alternatively, a Mandatory Environmental Insurance can be another economic instrument that

can alter firm behavior.

Increase penalties or liability rules to cover land contamination to provide a credible threat

for immediate remediation.

Although there are existing laws in place with stipulated penalties that can be used to induce

remediation, we found that these may not be enough (see Box 1), in specific cases, to induce

immediate remediation. Ballpark estimate is that current penalties could be increased to up to PhP

5 Million for extreme cases for liability rules to provide a credible threat for immediate remediation.

Furthermore, current laws cover only water pollution or contamination cases (i.e. Clean Water Act).

Thus, an avenue for the additional penalties is through covering land contamination as well (i.e.

soil/land degradation). This can be done through adding provisions on the proposed Senate Bill or

Act Providing for a Comprehensive Hazardous and Radioactive Wastes Management, a law that is

yet to be passed in Congress.

Adopt an Environmental Guarantee Fund (Deposit-Refund Scheme) and/ or a Mandatory

Environmental Insurance Scheme to finance active waste management strategy.

Deposits could be coursed through “taxes” or contributions towards and Environmental Guarantee

Fund. Existing laws allow for this to be collected. Refund from contributions to the EGF can be used

towards clean up/ remediation or disposal of stockpiled PCBs. Similarly there are moves to put into

law a Mandatory Environmental Insurance. Both legal measures would be very beneficial in

providing a legal set of incentives to implement the National Strategy.

21 AECOM. Assessment of Economic Aspects. 2014 (for finalization).

Objective

Provide incentives and financing strategies that will support the implementation of the National Strategy.

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Additional studies should be conducted to support the setting of appropriate levels of

“taxes” for the proposed Environmental Guarantee Fund (Deposit Refund Scheme).

To set the exact tax rates and to put more detail in the economic instruments, information on the

marginal abatement costs and marginal damage from POPs is needed, particularly for PCBs. Given

the heterogeneity in firms, we would expect that these would be firm and industry specific. This

information is vital in setting the optimal amount of abatement level and the level of correction on

prices, i.e. the tax rate. The level of detail and information is necessary because haphazard setting

of taxes (or the EGF) have distributional implications as well as an impact on firm competitiveness.

Thus, it is imperative to set the right level of taxes. The same is true for the refund levels. At the

same time, insurance contracts should also be reviewed if these provide adequate incentives to

address the moral hazard associated with these schemes.

A Monitoring and Evaluation framework and scheme should be setup once the proposed

system of incentives have been refined and implemented.

The empirical literatures on market-based instruments to control and manage hazardous wastes

show that apart from the dearth in the number of studies on this topic, firm responses to specific

instruments have been varied and inconsistent (see Sigman and Stafford, 2011 for an excellent

review). It is most likely that different firms would react differently to a common set of incentives. It is

thus, imperative that firm behavior be monitored and evaluated during the implementation phase of

the National Strategy. Furthermore, Benefit Cost studies of alternative policies should be part of this

Monitoring and Evaluation framework.

Offer tax incentives to encourage compliance

Because the costs of potential site clean-up could be relatively high, tax incentives need to be

explored as a means to encourage compliance with POPs contaminated sites management

regulations. Well documented examples of tax incentives are found in the United States but may

be applicable to the Philippines. These tax incentives are meant to “offset remediation costs

and/or to provide a buffer against increases in tax assessments (resulting from higher value of the

decontaminated property) before the costs of remediation are paid off.” Examples from the

UNIDO Toolkit22

which could be adapted to the Philippines are provided below.

22 UNIDO. Persistent Organic Pollutants: Contaminated Site Investigation and Management Toolkit.

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P AR T I I

Table 4. Tax Incentives for site remediation in the United States.

Tax Incentive Scheme Details

Florida Voluntary

Cleanup Tax Credit

(1998)

Eligible applicants obtain up to 35% of site remediation costs

Michigan Tax Increment

Financing (1996)

Authorized cities and counties were allowed to use Tax Increment

Financing (TIF) for remediation of polluted sites. Remediation

increases the value of the site and generates increased tax

revenues called “tax increments.” In summary, TIF has created

funding for public projects that localities might otherwise not have

been able to afford.

Single Business Tax

Brownfield

Redevelopment Credit

Property owners in Michigan could apply for a Single Business Tax

Brownfield Redevelopment Credit if it is included in a Brownfield

plan.

Obsolete Property

Rehabilitation District

In urban communities that have created an Obsolete Property

Rehabilitation District, property owners may also receive an

abatement of up to 100 per cent of real property taxes for a

Brownfield site for up to 12 years.

New York Tax Credits

for the Brownfield

Cleanup Program (2005)

The state of New York offered tax credits to participants in the

Brownfield Cleanup Program. The tax credits offset the costs of site

preparation, property improvements, on-site groundwater cleanup

costs, real property taxes, and environmental insurance premiums.

The credits can be used for site remediation and also for

environmental remediation insurance.

Wisconsin Tax

Provisions (1999)

Wisconsin adopted tax provisions to help local governments in

cleaning up contaminated, tax-delinquent properties.

Action Plan

Three phases of activities are envisioned that comprise the overall financing and incentive strategy to

include interim, implementation and evaluation phases. These activities are geared towards addressing the

identified data gaps.

The Interim phase includes the conduct of site assessments to determine whether the site is contaminated

or not. Contaminated sites will eventually be subject to remediation. To support this activity, a proposal to

undertake site assessments will be prepared beforehand for external funding. Also during the Interim Phase,

there is a need to conduct supporting studies on the application of taxes and insurance contracts. In

particular, research on the provisions of the incentive schemes (i.e. Deposit Refund Scheme and MEI) such

as “tax” rate setting should also be done. This is in anticipation of the National Strategy that will include

provisions on the incentive schemes that were identified earlier. For the institutional activities, lobbying for

the proposed Senate Bill as well as strengthening and broadening the scope of DAO 2005-0623

should be

pursued. This is to ensure that these laws and regulations are in place prior to the implementation of the

National Strategy.

Information from the activities in the Interim Phase will identify the exact structure of the incentive schemes

and will establish the necessary institutional mechanisms that will support the full implementation of the

23 DENR. Guidelines for the Institution of a System of Mandatory Environmental Insurance Coverage.

http://www.denr.gov.ph/policy/2005/dao/dao2005-06.pdf. 2005.

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P AR T I I

National Strategy. Mechanisms and procedures for feedback and revaluation should also be in place. This

is addressed by the evaluation phase where monitoring and evaluation of the impacts of the financing

schemes will be done. In particular, impacts on the behavior of the firm in terms of remediation and disposal

should be tracked and assessed. The results of these evaluations should feedback into the implementation

stage to address problems with the current scheme. If needed, changes in the provision of the incentive

scheme itself should be made. In sum, an iterative or adaptive approach should be followed.

Figure 6. Financing and Incentive Strategy

INTERIM EVALUATION IMPLEMENTATION

Site Assessment Research Support Proposal for funding Studies for taxes and

MEI Comparative analysis of

taxes and MEI Institutional Support Advocacy lobby for the

Senate Bill on Hazardous and Radioactive Waste Management Act & strengthen/ broaden AO 2005-06 implementation to cover POPs management

Research Support Benefit Cost Analysis

(BCA) of Incentives Study of firm behavior

(monitoring amount and rate of remediation and disposal)

Mandatory Environmental Insurance (MEI) or Deposit

Refund System

Feedback

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P AR T I I

Table 4. Summary on Economic and Financing Strategies (Gaps, Strategies and Action Plans).

Gaps Strategies Action Plan

Lead Agency Interim Implementation Evaluation

Lack of site specific data for the 1,763 POP potentially contaminated sites to inform government of the total cost of remediation

Look for financing ‘windows’ to co-fund site assessments of potentially contaminated sites

Conduct Site Assessments

Research Support

Prepare proposal for funding

DENR-EMB

Liabilities imposed by current environmental laws (i.e. clean water act) are not set high enough to encourage immediate clean-up of contaminated sites

Increase penalties or liability rules to cover land contamination to provide a credible threat for immediate remediation

Institutional Support

Advocacy lobby for the Senate Bill to increase penalty that would cover land contamination & strengthen/ broaden DAO 2005-06 implementation to cover POP management

DENR-EMB

Civil Society Groups

Environmental NGOs

Lack of a defined financing mechanism structure that would motivate firms to undertake site remediation or dispose of their stored waste

Adopt a Deposit (EGF)-Refund Scheme and/ or a Mandatory Environmental Insurance Scheme to finance active waste management strategy Conduct additional studies to support the setting of appropriate levels of “taxes” for the

Research Support

Studies for taxes and MEI

Comparative analysis of taxes and MEI

Mandatory Environmental Insurance (MEI) or Deposit (EGF) Refund System

DENR-EMB

Academe

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P AR T I I

Gaps Strategies Action Plan

Lead Agency Interim Implementation Evaluation

proposed Deposit (EGF) Refund Scheme

Lack of a monitoring and evaluation framework for POPs management in terms of financing

A Monitoring and Evaluation framework and scheme should be setup once the proposed system of incentives have been refined and implemented.

Research Support

Benefit Cost Analysis (BCA) of Incentives

Study of firm behavior (monitoring amount and rate of remediation and disposal)

DENR-EMB

Academe

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14 Information Transfer Strategies

The success of a management strategy rests to a large extent on the availability of appropriate information

for the government, landowners, developers, potential buyers, and the community at large. Information

transfer can all also aid to a large extent in creating an environment where industries voluntarily conduct site

investigations and potential site clean-up without the need for government intervention.

Action Plan

Certificates of Environmental Audit

Adopted from the Assessment and Management of Contaminated Land Groundwater in Western

Australia24

, a “certificate of environmental audit” attests to the suitability of a site for a particular

purpose. This certificate, to be issued by the EMB, shall clearly state whether a site is Not

Contaminated (Pre Site Investigation: Not Contaminated, Low Priority: Not Contaminated) or

whether a site has been declared Decontaminated to make it fit for a certain use.

A certificate would be required prior to:

Rezoning or redevelopment of land classified as “Investigation Required” or “Medium

Priority: Restricted Use” or “High Priority: Remediation Required”; and

Reclassification of land from being classified as “Medium and High Priority Sites” or

“Investigation Required” sites.

This would enable transfer of information to local government and land developers which would aid

in the decision-making for land development. The EMB may elect to establish an accredited pool of

third party auditors capable of performing site assessment, risk assessment, remediation design,

remediation verification, and data quality evaluation.

Disclosure and Database Entry

There are three types of users on the suggested database 1) the general public, 2) users who are

authorized to enter and view survey forms who we envision to be focal points from each EMB

regional office, and 3) members of the project administration team as appointed by the EMB, who

are authorized to enter, view, modify, and delete survey forms and data therein.

The public is made aware of the existence of such a database and public reporting is encouraged.

A Report-a-Site form can be filled out and submitted online.

Disclosure of Site Classification may occur once it has been determined that contamination is

present after adequate site investigations and identification of responsible parties. Disclosure of

information may have the following variations:

1) Confidential database information for regulators which complete site information.

24Development of Environmental Protection. Perth, Western Australia. Contaminated Sites: Assessment and

Management of Contaminated Land and Groundwater in Western Australia. August 1995.

Objective

Adopt systems from other countries and create venues for information transfer that can be possibly used

in the Philippine setting.

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P AR T I I

2) Confidential listing of sites with confirmed contamination for disclosure to affected community

and EMB regional offices where the responsible party fails to initiate such communication

within an agreed timeframe or where the responsible party cannot be located or conducted.

3) Confidential listing of sites with confirmed contamination where the responsible party fails to

comply with agreed site management procedures including agreed timeframe, or

management option.

The responsibility of cleaning up Medium and High Priority sites rests in the hands of the

polluter/owner/occupier. Where the property is a private property that is clearly determined to be

contaminated and the nearby surrounding community is in danger of harm from the contamination and the

landowner and the polluter, even after diligent and persistent efforts to locate and contact them, cannot be

contacted and located, the government shall consider several solutions with the primary aim of securing the

health and welfare of the public. In line with the principles of sustainable development which considers the

environmental, economic and social aspects, the government may consider the option of moving the

community out of harm’s way by relocating them. Another option available to the government is to exercise

its power of eminent domain or the power of expropriation to appropriate the contaminated private land for

public use upon payment of just compensation; once the government has acquired the rights over the

property, it can take the appropriate remediation action. Once the property, now owned by the government,

is remediated, it is likely going to increase in value and may be disposed of to recover the cost that the

government spent for acquiring the property and for remediation.

Land Title Encumbrances

An encumbrance on land titles can be placed on sites under the Medium Priority: Restricted Use

and High Priority: Remediation Required stages. Information is made available to the landowner,

potential buyer, and the government though the Register of Deeds of the Philippines.

The encumbrance on a contaminated site prior to clean-up can be used to restrict land use on the

site.

Permit Control

A local ordinance can provide measures to encourage the rehabilitation of contaminated sites in the

province or municipality where it is located. LGUs could impose suspension or annulment of a

business license to polluters who do not undertake rehabilitation or clean-up of their contaminated

lands or who refuse to conduct site investigations.

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P AR T I I

15 Education Campaign Strategies

The Department of Environment and Natural Resources (DENR) through the Environmental Management

Bureau (EMB) shall develop a comprehensive Information and Education Campaign (IEC) program to raise

awareness and understanding on the management of contaminated sites. These activities could be in the

form of workshop/seminar and preparation of IEC materials with the cooperation of the other government

agencies and private sector.

Action Plan

The promotion and dissemination of information on the management of contaminated sites could be

conducted through the following activities:

Strengthen the implementation of RA 9512

RA 9512 or the National Environmental Awareness and Education Act of 2008 mandates DENR to

inform relevant government agencies on current environmental issues for national action and

provide advice on environmental education programs. These relevant government agencies

(DepEd, CHED, TESDA, DSWD, DOST) shall integrate environmental education in school curricula

at all levels, whether public or private. Environmental education shall include environmental

principles, concepts and laws, the state of international and local environment, the threats of

environment degradation and its impact on human well being, among others.

To increase awareness of the public on POPs and its impact on human health and environment,

DENR-EMB and other agencies and stakeholders shall initiate IEC programs which shall be

implemented up to the grass roots level (barangay, barrio, remote areas) where population may be

vulnerable to the impacts of POPs.

Conduct orientation workshop-seminars on contaminated site management including

enabling policy, available financing mechanisms and private-government partnerships

A workshop conducted in Phase 1 of the project aimed to orient the respondents on the IPOPs

project and to gain their support for the conduct of the inventory/registry of sites. The proposed

workshop could be used as a venue for information dissemination on how contaminated sites could

be properly managed through an enabling policy, preliminary and detailed site

assessment/evaluation, technology application, financial mechanism and private-government

cooperative partnership.

Because our environmental laws and regulations lack provisions for the management of

contaminated sites (especially caused by POPs), it is vital that the stakeholders are informed of the

impacts of land contamination so they could effectively lobby for an enabling policy for

contaminated site management. Similarly, owners and occupiers need information on the available

technologies (both local and foreign) appropriate or suitable for clean-up of their sites. Information

on available financing mechanisms, benefits and incentives for clean-up of contaminated sites

would also be disseminated during the workshops.

Production and distribution of posters, leaflets, and handouts

The development and distribution of IEC materials will facilitate awareness and enhance the

knowledge and information of the various stakeholders. The IEC materials could be produced with

the help of the Philippine Information Agency (PIA). PIA can also disseminate the information

Objective Develop a comprehensive IEC program on management of contaminated sites.

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P AR T I I

through print (newspapers and magazines, broadcast (radio and television), and online media.

These IEC materials may also be distributed at different forums organized by various organizations.

Use of Site Registry Information in the POPs Database

The information in the database of potentially contaminated sites shall be managed in such a way

that access is restricted to authorized and trained users. Rules for updating the status of the sites

shall be developed by the EMB (e.g., requirements when a site is removed from the list). As an

output of the Phase I activity, the database contains the following fields for each of the sites

potentially contaminated with POPs:

Site information including the distance from critical areas (parks, bodies of water, residential

areas, public buildings (schools, colleges, and universities);

Waste handling or containment;

Site characteristics;

For PCB – data of the equipment;

TSD Facilities; and

Instances of pilferage, flood, fire-explosion.

The database also contains site classification as indicated below that should be mandatorily

disclosed as (Part I, Section 2):

Pre Site Investigation: Not Contaminated;

Investigation Required;

Low Priority: Not Contaminated;

Medium Priority: Restricted Use ;

Medium Priority: Unrestricted Use;

High Priority: Remediation Required; and

Decontaminated Sites

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P AR T I I

16 Strategic Goals and Time Scales

The following comprise the strategic goals and time scales that the National Strategy intends to achieve.

Specific action plans in the next chapter pertain to activities that serve to achieve the short-term and

medium-term goals.

The National Strategy is intended to be updated as the need arises in order for the EMB to adapt to

changes in available information as well as the methodologies in addressing contaminated lands. Once the

action plans for the short-term and medium-term goals are put into action, it is desired to expand the

national strategy to address the long-term goal of preventing pollution to cleaned-up and previously

unaffected sites in order to provide a clearer direction for the drafted action plans.

Short-Term: Improvement in the existing implementation and governance systems (within less than 5

years):

1) For the Philippines to formulate the enabling policy that defines POPs contaminated sites, sets

standards to identify POPs contaminated sites, defines obligations and liabilities of firms, individuals,

and other responsible parties in the management of contaminated sites;

2) To have adequate incentives and disincentive strategies that encourage compliance and lead to

identification, management and clean-up of POPs contaminated sites;

3) To have a system to finance the management of POPs contaminated sites;

4) Through a capacity building program, strengthen the capacity of the government in the

identification, clean-up and management of POPs-contaminated sites;

5) To have a comprehensive inventory/registry of sites potentially contaminated by POPs; and

6) To establish a system for inter-agency coordination in the management of POPs sites.

Medium-Term: Implementation of the improved framework and governance systems (within 5 to 10 years):

1) To identify POPs-contaminated sites in the Philippines;

2) To identify responsible parties for identification, clean-up, and management of POPs-contaminated

sites; and

3) To implement site identification, clean-up, and management of POPs-contaminated sites.

Long-Term: Prevention of contamination in the cleaned-up sites and previously unaffected sites (beyond 10

years):

1) To develop a comprehensive contaminated land management policy that shall integrate a wide

range of hazardous substances that contaminate land and pose a public health risk;

2) To identify feasible land uses for cleaned-up sites;

3) To verify environmental quality in selected sites; and

4) To monitor reduction in the number of identified contaminated sites in the Philippines.

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P AR T I I

17 Integrated Action Plans

The IPOPs Package TWG was consulted with the drafting of the matrix shown in Table 6. Inputs from

earlier phases of the projects, available data from the updated NIP and status of current regulations

contributed to the drafted action plans. The action plans were integrated in a matrix with strategic objectives,

specific objectives, strategies and action plans, and timeframe.

Consultation workshops shall be performed to ensure that the drafted action plans have realistic timeframes

and that the foreseen responsible parties are involved. It is anticipated that this document be finalized by

2015.

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P AR T I I

Table 6. Action Plan Matrix.

Strategic Objectives Specific Objectives Strategies and Action Plans 2015/ 16

2016/ 17

2017/ 18

2018/ 19

2019/ 20

2020/ 21

2021/ 26

2026/ 31

Improvement in the existing implementation and governance systems (in less than 5 years)

To formulate the enabling policy that defines POPs contaminated sites, sets standards to identify POPs contaminated sites, defines obligations and liabilities of firms, individuals, and other responsible parties in the management of contaminated sites

Assess, modify and strengthen existing environmental laws for POPs management

Clearly set the procedures for

contaminated site assessment and

management including a

mechanism for reporting by various

stakeholders and response by the

EMB Establish guidelines or criteria for

risk-based assessment of contaminated sites

Broaden the definition of “hazardous substances” or “special hazardous wastes” to cover POPs

Develop a framework for contaminated site management and treatment of POPs stockpiles and articles

Establish a scheme for policy and strategy monitoring and evaluation.

Establish a complementary system of (i) disclosure and reporting by the public and (ii) response by the EMB

To have adequate incentives and disincentive strategies that encourage compliance and lead to identification, management and clean-up of POPs contaminated sites.

Encourage and incentivize voluntary commitment by polluter or responsible party to clean-up contaminated sites.

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P AR T I I


2016/ 17

2017/ 18

2018/ 19

2019/ 20

2020/ 21

2021/ 26

2026/ 31

Implement a polluter management scheme as another means to encourage voluntary action by responsible parties.

To have a system to finance

the management of POPs

contaminated sites

Establish economic and financing

mechanisms Review and adopt financing

mechanisms of existing environmental laws (national/international)

Identify government agencies with proper mandate for implementation of financing mechanisms

Modify and strengthen existing environmental laws to increase penalties or liabilities and to broaden and strengthen scope to induce immediate action and compliance

Conduct studies to support the setting of appropriate taxes for financing mechanisms

To establish systems that

would enable strategy

enforcement and compliance

from involved stakeholders.

Establish enforcement and compliance mechanisms

Adopt and implement Certificate of Environmental Audits, land title encumbrances, environmental audit system, and permit control

Implement a set of market based instruments to encourage appropriate active waste management, prevention of contamination, and clean-up of

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P AR T I I


2016/ 17

2017/ 18

2018/ 19

2019/ 20

2020/ 21

2021/ 26

2026/ 31

contaminated sites

To strengthen the capacity of the government in the identification, clean-up and management of POPs-contaminated sites

Establish or strengthen institutional and technical capacity of stakeholders

Establish or strengthen training and technology transfer programs, and information systems

Conduct, strengthen and promote research on improvement of existing BAT/BEP and development of low-cost technologies for management of POPs contaminated sites

Promote and encourage establishment of research and technical institutions for treatment of POPs contaminated sites, stockpiles and articles

To implement comprehensive IEC Programs

Produce and distribute poster, leaflets and handouts to promote public awareness

Conduct educational and advocacy workshops to promote public awareness on risks of POPs to health and environment

Implement programs to prevent production, importation distribution and use of POPs chemicals

Conduct orientation workshop-seminars on contaminated site management including enabling policy, available financing mechanisms and private-government partnerships

Promote public involvement in identification of contaminated sites and reporting online.

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P AR T I I


2016/ 17

2017/ 18

2018/ 19

2019/ 20

2020/ 21

2021/ 26

2026/ 31

To have a robust inventory of sites potentially contaminated by POPs

Review and consolidate information on industries which potentially contribute to POPs contamination

Regularly conduct surveys to update the registry of potentially contaminated sites and inventory of POPs stockpile

To establish a system for inter-agency coordination in the management of POPs sites

Assign responsibilities to concerned government agencies

Establish or maintain a National Focal Point for POPs contaminated site management

Establish or maintain an Inter-Agency Technical Advisory Council (IATAC)

Establish or maintain a Technical Working Group as required

Implementation of the improved framework and governance systems (within 5 to 10 years):

To identify POPs-contaminated sites in the Philippines

Prioritize contaminated sites in the database based on Hazard Ranking

To identify responsible parties for identification, clean-up, and management of POPs-contaminated sites

Assign responsibility for preliminary investigation, detailed site investigation and potential site clean-up

(The polluter pays principle is to be followed in determining responsibility)

To implement site identification, clean-up, and management of POPs-contaminated sites

Conduct site assessment on POPs contaminated sites

Require immediate action (i.e. engineering and/or institutional control) on high risk sites

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P AR T I I


2016/ 17

2017/ 18

2018/ 19

2019/ 20

2020/ 21

2021/ 26

2026/ 31

To implement treatment of POPs stockpiles and contaminated articles

Adopt screening guidelines and prioritize contaminated sites based on risks

Set clean-up target levels for contaminated sites and perform site remediation

Adopt management options for POPs contaminated sites.

Identify companies with POPs stockpiles and contaminated articles

Identify laboratories and TSD facilities capable of identifying and treating POPs stockpiles and articles

Treat POPs contaminated articles and stockpiles

Monitor and evaluate progress of treatment of POPs stockpiles and articles and related media (soil, groundwater/surface water, and air) and update database as needed

To develop a comprehensive contaminated land management policy that shall integrate a wide range of hazardous substances that contaminate land and pose a public health risk

Assess, modify and strengthen environmental laws to include wide range of hazardous substances

Prevention of contamination in the

To identify feasible land uses for cleaned-up sites

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P AR T I I


2016/ 17

2017/ 18

2018/ 19

2019/ 20

2020/ 21

2021/ 26

2026/ 31

cleaned-up sites and previously unaffected sites (beyond 10 years):

To verify environmental quality in selected sites;

To monitor reduction in the number of identified contaminated sites in the Philippines

Monitor and evaluate progress of remediation and update database as needed

58

18 Adoption of the National Strategy

This National Strategy in the management of contaminated sites is initially adopted as the initial guiding

document issuance to EMB Central and Regional Offices for contaminated sites related issues and

concerns as part of the mandate of the Department of Environment and Natural Resources (DENR) based

on its powers and functions under Executive Order No. 192 series of 1987 also called the “Reorganization

Act of the Department of Environment and Natural Resources.”

59

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