Post ECC EIA Process. Orientation/Training on the Philippine Environmental Impact Statement System (PEISS) for LGUs Davao City 28 October 2015

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Muriel Hill
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1 Post ECC EIA Process Orientation/Training on the Philippine Environmental Impact Statement System (PEISS) for LGUs Davao City 28 October 2015

2 The EIA Process and the Project Cycle Findings and recommendations of EIA considered in various permits and licenses needed Detailed design of mitigation measures Implementation of mitigation measures Feasibility Detailed Engineering & Design Project Construction & Development Detailed EIA, Envt l Mgmt Planning, inputs to Cost Benefit Analysis P r o j e c t C y c l e Pre-feasibility Project Conceptualization/ Improvement Operation & Maintenance Site selection, environmental screening, initial assessment, scoping Monitoring and evaluation of environmental performance 11/12/2015 2

3 The EIA Process EIA Required PROJECT SCREENING No EIA LEGEND: Proponent Driven DENR-EMB Driven Proponent Options Not Part of EIA Process Public Involvement * Sample ECC Change Project plan / Relocate Project DENY ECC Expansion / Project modifications EIA STUDY SCOPING EIA Study / Report preparation by Project Proponent as a requirement for ECC application REVIEW & EVALUATION of EIA as facilitated by DENR-EMB ISSUE ECC w/ recommendations to other entities w/ mandate on the project Secure permits / clearances from other DENR Units & Other GAs / LGUs Implementation P U B L I C I N V O L V E M E N T ENVIRONMENTAL IMPACT MONITORING & EVALUATION / AUDIT

4 Why do we monitor?

5 Objectives of Compliance Monitoring, Validation and Evaluation Audit To ensure the following : Project compliance with the conditions set in the ECC; Project compliance with the Environmental Management Plan (EMP); Effectiveness of environmental measures on prevention or mitigation of actual project impacts vis a vis the predicted impacts used as basis for the EMP design; and Continual updating of the EMP for sustained responsiveness to project operations and project impacts.

6 Who will monitor? (key actors)

7 ENHANCED MONITORING AND EVALUATION SYSTEM (Philippines) ENVIRONMENTAL MANAGEMENT PLAN MANUAL OF OPERATIONS Project PROPONENT SELF-MONITORING Environmental Agency REVIEW & EVALUATION LOCALLY-LED (Community-based) Multi-Partite Monitoring Team Validation COMPLIANCE MONITORING REPORT (CMR) * TPEA COMPLIANCE EVALUATION REPORT (CER) COMPLIANCE MONITORING & VALIDATION REPORT (CMVR)

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

8 ECC environmental compliance certificate; EMP composed of IMP, SDP, IEC Plan; (Annex 2-17,18,19) CMR proponent s report with attached SMR; (Annex 3-1) CMVR MMT s report with proponent s CMR/SMR; (Annex 3-2 of the Revised Procedural Manual (DAO 03-30) CER prepared by the EMB Case handler and shall attached the Proponents CMR/SMR and MMTs CMVR

9 Monitoring Phase Multi-partite Monitoring Team Environmental Monitoring Fund Environmental Guarantee Fund MMTs are organized to encourage public participation, to promote greater Stakeholder vigilance and to provide appropriate check and balance mechanisms in the monitoring of project implementation. Formation of MMT starts after issuance of ECC initiated by the proponent

10 Monitoring Phase Multi-partite Monitoring Team Environmental Monitoring Fund Environmental Guarantee Fund EMF is a fund that a proponent establishes in support of the activities of the MMT. (please refer to Annex 3-5 for the RPM)

11 Monitoring Phase Multi-partite Monitoring Team Environmental Monitoring Fund Environmental Guarantee Fund EGF is required to be established for all co-located or single projects that have been determined by DENR to pose a significant risk or where the project requires rehabilitation or restoration. (please refer to Annex 3-6 for the RPM)

Multi-partite Monitoring Team Functions Validate project compliance with the conditions stipulated in the ECC and the EMP; Validate Proponent s conduct of self-monitoring; Receive complaints, gather

12 Multi-partite Monitoring Team Functions Validate project compliance with the conditions stipulated in the ECC and the EMP; Validate Proponent s conduct of self-monitoring; Receive complaints, gather relevant information to facilitate determination of validity of complaints or concerns about the project and timely transmit to the Proponent and EMB recommended measures to address the complaint; Prepare, integrate and disseminate simplified validation reports to community stakeholders; Make regular and timely submission of MMT reports based on the EMB prescribed format (Annex 3-2 of RPM)

Multi-Partite Monitoring Team Composition Proponent concerned LGUs, locally accredited NGOs/POs, the community, concerned EMB Regional Office,

13 Multi-Partite Monitoring Team Composition Proponent concerned LGUs, locally accredited NGOs/POs, the community, concerned EMB Regional Office, relevant government agencies, and other sectors that have been identified during the EIA Study as potentially affected by the various phases of the project

14 Multi-Partite Monitoring Team Output/requirement MMT Manual of Operations (Annex 3-4) Compliance Monitoring and Validation Report (CMVR) to be submitted semi-annual to EMB MMT MOO prepared by the MMT based on the generic format provided by EMB which will guide them during the monitoring (including the code of ethics.) (please refer to Title III, Annex 3-4 of the RPM)

15 Multi-Partite Monitoring Team Output/requirement MMT Manual of Operations (Annex 3-4) Compliance Monitoring and Validation Report (CMVR) to be submitted semi-annual to EMB CMVR report prepared by the MMT to be submitted to EMB semi-annually, customized by every MMT based on project to be monitored. (please refer to Annex 3-2 of the RPM)

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

17 Compliance Monitoring and Validation Report BASIC INFORMATION Date of Compliance Monitoring and Validation Monitoring and Validation Period Covered ECC Control No./Reference Code No. Date ECC Issued Project Current Name Project Name in the ECC Project Status Geographical Coordinates of the Project Proponent Name and Contact Numbers

18 Compliance Monitoring and Validation Report Information to Validate REQUIREMENTS EVIDENCE Validity of the ECC Check for expiry conditions in the ECC Date of ECC issuance, proof of project implementation schedule/stoppage Compliance with ECC e. g. EMP and updates as deemed necessary Presence of updated EMP Compliance with EMP Appropriate & effective environmental impact remedial actions or mitigation measures Complaints Management Realistic and sufficient budget for conducting the environmental monitoring and audit activities Accountability e.g. Information, Education & Communication Program (IEC) e.g. In case of non-compliance with any of the prescribed environmental performance criteria and exceedances over applicable environmental standards e.g. complaints receiving measure and implementation of corrective measures qualified personnel are charged with the routine monitoring of the project activities (education, training, knowledge and experience of the environmental team) IEC provision in the EMP or IEC prepared after ECC issuance (if required in the ECC) and relevant proof of compliance (e.g. pictures, attendance sheets, etc.) Written Procedures or protocols and relevant documentation Written Procedures or protocols and relevant documentation Appropriate Financial Statement on the Project Operating Budget Relevant Credentials of key environmental management personnel and appropriate organizational structure

19 Compliance Monitoring and Validation Report Review & Validation of Proponent s Monitoring Reports Compliance to ECC Conditions Compliance to EMP Commitments Air Quality Impact Assessment (result of sampling) Water Quality Impact Assessment (result of sampling) Compliance with good practices in HAZARDOUS WASTE Management ( type of waste, handling, storage, disposal) Compliance with good practices in SOLID WASTE Management (type of waste, handling, storage, disposal) Compliance with good practices in CHEMICAL SAFETY Management (for those companies using/producing chemicals listed in EMB s PCL and CCO list)

20 Compliance Monitoring and Validation Report Confirmatory Sampling and Measurement o Reason/cause for confirmatory sampling and measurement Complaints Verification and Management o how complaints were handled (problems encountered, solutions and recommendations)

21 Monitoring, Validation & Evaluation/ Audit Schemes and Frequency Monitoring Aspect A. Compliance Reporting ECC EMP Envt l Stds (under Specific Envt l Laws) Proponent Self- Monitoring Semi-Annual in CMR Semi-Annual in CMR Detailed Report in quarterly SMR; Summary of compliance in semi-annual CMR Frequency/Timing MMT Validation Semi- Annual in CMVR Semi- Annual in CMVR Semi- Annual in CMVR EMB Evaluation /Audit Semi- Annual in CER Semi- Annual in CER Semi- Annual in CER

22 Monitoring, Validation & Evaluation/ Audit Schemes and Frequency Monitoring Aspect Proponent Self- Monitoring Frequency/Timing MMT Validation EMB Evaluation/ Audit B. Field Validation - Semi- Annual Semi-Annual or whenever there are complaints, exceedance of standards or suspicious data

23 Monitoring, Validation & Evaluation/ Audit Schemes and Frequency Monitoring Aspect C. Effectivenes s of the Envt l Mgmt. Measures Sampling and Measurement Proponent Self- Monitoring Frequency/Timing Monthly/ Continuous as committed in the EMoP w/in the EMP MMT Validation Only in cases of complaints/ exceedance of standards /suspicious data EMB Evaluation / Audit As the need arises in coordination w/ the MMT Trend Analysis/ Cumulative Performan ce Report 2 nd semiannual CMR; 4 th Qtr. SMR 2 nd Semi- Annual CMVR 2 nd Semi- Annual CER

24 2.5 Fine, Penalties and Sanctions 27) Legal Basis of Fines and Penalties Section 4 of P.D No person, partnership or corporation shall undertake or operate any such declared environmentally critical project or area without first securing an Environmental Compliance Certificate issued by the President or his duly authorized representative. Section 9.0 of P.D as follows: Any person, corporation or partnership found violating Section 4 of this Decree, or the terms and conditions in the issuance of the Environmental Compliance Certificate, or of the standards, rules and regulations issued by the National Environmental Protection Council pursuant to this Section 9.0 of P.D shall be punished the suspension or cancellation of his/its certificate and/or a fine in an amount not to exceed fifty thousand pesos (P50,000.00) for every violation thereof, at the discretion of the National Environmental Protection Council.

QUESTIONS AND ANSWERS ON BOA RESOLUTION

QUESTIONS AND ANSWERS ON BOA RESOLUTION 3-2016 Q1. What is the rationale for the issuance of BoA Resolution 3-2016? A1. As discussed in the Resolution, the requirements prescribed are intended to address