DENR ADMINISTRATIVE ORDER NO. 17

Series of 2002

 

 

SUBJECT: Defining the Organizational Structure and Major Responsibilities of the Environmental Management Bureau as a Line Bureau by virtue of Section 34 of the Philippine Clean Air Act of 1999 (RA 8749)

 

Pursuant to Section 34 of Republic Act No. 8749, otherwise known as the Philippine Clean Air Act of 1999, and Section 2, Rule XLIV of DENR Administrative Order No. 2000-81, its Implementing Rules and Regulations, the following organizational structure of the Environmental Management Bureau (EMB) central, regional, provincial and other pertinent offices as a line bureau is hereby provided and defined.

 

SECTION 1.  Mandate.  –

 

The EMB shall be the primary government agency under the Department of Environment and Natural Resources (DENR) to formulate, integrate, coordinate, supervise and implement all policies, plans, programs, projects and activities relative to the prevention and control of pollution as well as the management and enhancement of environment.

 

SEC. 2.  Objectives.  –

 

To accomplish its mandate, the Bureau shall be guided by the following objectives:

 

2.1 General Objective – To properly manage and protect the environment in order to attain sustainable development while recognizing the primary responsibility of local government units, nongovernment agencies, private and business organizations in dealing

with environmental problems.

 

2.2. Specific Objectives

 

2.2.1. To formulate, review and update environmental policies, programs and projects on environmental management and pollution control.

 

2.2.2. To establish and enforce environmental quality standards such as the quality standards for water, air, land and noise for the protection and sustainable use of natural resources consistent with the national environmental goals and enforceable at the local government units.

 

2.2.3. To strengthen enforcement capability to handle violations of the laws, rules, regulations and policies for protection of the environment and promote the sustainable use of environmental resources.

 

2.2.4. Promote public information and education to encourage participation of an informed citizenry in environmental quality planning and monitoring.

 

2.2.5. To develop and implement Pollution Research and Development Program in support of the following:

 2.2.6. To strengthen the enforcement and implementation of major environmental laws, among others:

 

Presidential Decree 984 – Pollution Control Law

 

Presidential Decree 1586 – The Environmental Impact Assessment Law

 

Republic Act 6969 – Toxic Substances and Hazardous and Nuclear Wastes Control Act

 

Republic Act 8749 – Philippine Clean Air Act of 1999

 

Republic Act 9003 – Ecological Solid Wastes Management Act

 

SEC. 3.  Organizational Structure.  –

 

Consistent with its conversion from a staff to a line agency, the Bureau’s organizational structure shall consist of the central and regional offices, as well as provincial and other pertinent offices that may hereinafter be created.

 

The Bureau shall exercise supervision and control over its regional, provincial and other field offices, which shall in turn, constitute the operating/implementing arms of the Bureau for the direct implementation of plans and programs in accordance with approved policies and standards.

 

The Chief Executive of the Bureau shall be the Executive Director who has the primary authority to discharge its powers and functions as well as the responsibility to carry out the mandates vested by law to the Bureau.

 

The Regional Director, with a rank equivalent to that of a Regional Technical Director, shall discharge the mandate of the Bureau at the regional level and be directly responsible to the Bureau Director.

 

The different organizational subdivisions and their major functional responsibilities are as follows:

 

CENTRAL OFFICE

 

3.1 Office of the Director

 

The Director shall exercise supervision and control over all services, divisions, sections and other units including the regional offices of the Bureau; establish policies and standards for the operation of the Bureau pursuant to DENR plans and programs; promulgate rules and regulations necessary to carry out the Bureau objectives; and perform such other duties and functions as may be assigned by the DENR Secretary and/or provided by law.

 

The Office of the Director shall take direct charge in the implementation of policies, programs and projects for the effective and efficient environmental management and pollution control; recommend to the Secretary the adoption of policies relating to enhancement of air and water quality, proper disposition and management of solid wastes, toxic and hazardous substances, appropriate penal sanctions against violators of environmental laws; and manage the overall operations of the Bureau.

 

The Office of the Director shall exercise supervision over the following environmental services/offices:

 

3.1.1 Pollution Adjudication Board (PAB) Technical Secretariat

 

The PAB Technical Secretariat shall provide support to the Board in the adjudication of industrial pollution cases.

 

3.1.2 National Solid Waste Management Commission (NSWMC) Secretariat

 

The NSWMC Secretariat shall provide support to the National Solid Waste Management Commission in the implementation of solid waste management plans and prescribe policies to achieve the objectives of the Ecological Solid Waste Management Act (RA 9003).

 

3.1.3 National Ecology Center

 

The NEC shall handle information dissemination, consultation, education and training of various local government units on ecological waste management.

 

3.1.4 Project Management Staff

 

The Project Management Staff shall identify and prioritize project proposal formulation and inception for foreign funding and assistance. It shall oversee, manage, coordinate, and monitor project implementation.  It shall serve as the focal point for all international environmental conventions, protocols and/or commitments of the Bureau.

 

3.1.5 Internal Audit

 

The Internal Audit shall assess and evaluate systems and information and document in conformance with audit criteria and submit measures/recommendations hereof.  It shall conduct special and immediate investigation as directed.

 

3.1.4 Administrative & Finance Service

 

The Administrative & Finance Service shall provide the administrative and financial functions of the Bureau.  This shall be composed of the administrative and finance divisions.

 

3.1.4.1 Administrative Division

 

The Administrative Division shall establish bureau-wide policies on personnel management, general services, communications, logistics, property, safety, records management and documentation.

 

This Division shall be composed of the following sections:

 

3.1.4.1.1 Human Resource Management

 

3.1.4.1.2 Records

 

3.1.4.1.3 General and Property Services

 

3.1.4.2 Finance Division

 

The Finance Division shall develop, maintain and improve a cost and financial accounting system for all projects of the Bureau, formulate basic policies and guidelines for the preparation of budget; and exercise over-all supervision over the financial management functions and activities of the Bureau and its Regional Offices.

 

This Division shall be composed of the following sections:

 

3.1.4.2.1 Budget

 

3.1.4.2.2 Accounting

 

3.1.4.2.3 Cashier

 

3.1.5 Environmental Planning & Policy Service

 

The Environmental Planning & Policy Service shall be composed of three (3) Divisions, namely:

 

3.1.5.1 Environmental Impact and Risk Assessment and Management Division

 

The EIRAM Division shall serve as the focal point to achieve its mission to carry out the Philippine Environmental Impact Statement (EIS) System Policy (PD 1586) to attain and maintain a rational and orderly balance between socioeconomic growth and environmental protection; and promote and strengthen Environmental Impact Assessment (EIA) networking/linkages and coordination with the government, and non-government and private entities.

 

The Environmental Impact and Risk Assessment and Management Division shall be composed of the following sections:

 

3.1.5.1.1 Review and Evaluation Section

 

The Section shall be in charge of screening of projects for coverage under the EIS System, handling EIS Scoping, Environmental Compliance Certificate (ECC) applications review/evaluation and related functions of the Division.

 

3.1.5.1.2 Monitoring and Validation Section

 

The Section shall be in charge of monitoring of projects’ compliance to ECC conditions and implementation of the Environmental Management Program (EMP) and validation of the impacts as a basis for evaluating environmental performance or the effectiveness of the EMP.

 

The two previous Sections shall each have Infrastructure Units, Heavy and Energy Industries Units and Resource Extractive Industries Units.

 

3.1.5.1.3 System Coordination and Management Section

 

The Section in coordination with the Environmental Planning and Policy Division is in charge of assuring that the present internal policies in the review and evaluation as well as monitoring of projects/programs are consistent with the national policies and shall monitor and document specific decisions on certain cases encountered during day-to-day operations which has policy implications.  It shall also be responsible with the integration of the voluminous environmental data gathered from the implementation of the system into useful information for input into the environmental planning and policy formulation function of the EMB.  It shall integrate commitments made in various meetings with the other government agencies in the Division’s internal policies.  The Section shall have two Units representing the systems and coordination level concerns, namely:  Project Level Systems Planning and Management Unit and Program and Policy Level Systems Planning and Management Unit.

 

3.1.5.2 Planning and Policy Division

 

The Planning and Policy Division shall be responsible for integrating the short, medium and long-term plans of the Bureau; provide planning standards and guidelines for integrating sectoral and regional plans in the preparation of the Bureau’s budget; provide a mechanism for monitoring and assessment of physical and financial accomplishments.  It shall also design and install a national and regional development planning and management system; develop/evaluate and monitor programs/local and foreign-assisted projects of the Bureau, undertake policy studies for effective and efficient and economical operations of the Bureau.

 

The Planning and Policy Division shall be composed of the following sections:

 

3.1.5.2.1 Planning and Programming

 

3.1.5.2.2 Program Monitoring and Evaluation

 

3.1.5.2.3 Policy Analysis and Legislative Liaison

 

3.1.5.2.4 Project Management of Foreign-Assisted and Special Projects

 

3.1.5.3 Information Technology & Statistics Division

 

The Information Technology & Statistics Division shall coordinate over-all activities of the Bureau on establishing and maintaining management information systems and databases that will provide up-to-date information necessary for management’s policy formulation and decision-making functions.  This Division shall be composed of the following sections:

 

3.1.5.3.1 Environmental Statistics

 

3.1.5.3.2 Systems Development and Maintenance

 

3.1.6 Standard Setting & Monitoring Service

 

The Standard Setting & Monitoring Service shall formulate standards/monitoring guidelines for acceptable quality of air and water and management of chemicals and hazardous wastes in the country.  The service shall be composed of the following divisions, namely:

 

3.1.6.1 Laboratory Services & Pollution Research Division

 

The Laboratory Services & Pollution Research Division shall formulate, develop, coordinate and implement short-term and long-term, research programs on existing and potential environmental issues; aim to provide the scientific data to be used as basis for policy formulation, environmental monitoring, and enforcement of rules and regulations, and in dealing with potential environmental issues and problems; focus on priority areas such as the following: environmental quality standards and criteria, global phenomena, environmental technology assessment and application, coastal environment management, and special areas of concern and laboratory support services.

 

The Laboratory Services and Pollution Research Division shall be composed of the following sections:

 

3.1.6.1.1 Research and Development Section

 

3.1.6.1.2 Laboratory Support Services Section

 

3.1.6.2 Air Quality Management Division

 

This Division shall undertake the implementation of a holistic national program for air pollution management including the establishment and supervision of airsheds throughout the country; formulate air quality surveillance and monitoring/schemes for the implementation by the regional offices; conduct emission source inventory for the entire country in coordination with the regional offices; evaluate plans, technologies/control facilities relevant to the issuance of permits/clearances.

 

This Division shall be composed of the following sections:

 

3.1.6.2.1 Inspection and Monitoring

 

3.1.6.2.2 Emission Inventory

 

3.1.6.2.3 Standards Setting

 

3.1.6.3 Water Quality Management Division

 

The Water Quality Management Division shall undertake water quality surveillance and monitoring program for the implementation by the regional offices; conduct water pollution discharge inventory from point and non-point sources; develop and validate dispersion model through simulation and validation of available models for predicting pollutant levels in coordination with the Pollution Research Division; review, formulate and update the country’s water quality and industrial effluent standards; monitor the activities of the regional offices regarding the effective implementation of pollution control law and oversee the river classification program.

 

The Division shall be composed of the following sections:

 

3.1.6.3.1 Inspection and Monitoring

 

3.1.6.3.2 Water Quality Assessment

 

3.1.6.3.3 Standards Setting

 

3.1.6.4 Chemicals and Hazardous Waste Management Division

 

The Division shall undertake implementation of policies, plans and programs to achieve the objectives of the Toxic Substances and Hazardous and Nuclear Wastes Control Act (R.A. 6969).  It shall be composed of five (5) Sections, namely:

 

3.1.6.4.1 Toxic Chemicals Monitoring and Investigation Section

 

The Toxic Chemicals Monitoring Section shall conduct regular industrial inspection and compliance monitoring of the condition stipulated in issued permits and clearances to maintain safe use and management of chemicals and chemical substances; investigate complaints and other related issues and concerns regarding the improper use and management of chemicals and chemical substances and recommend sanctions for non-complying industry; and provide inputs and assistance to develop a compliance monitoring scheme to enforce and promote observance of the provisions of R.A .6969.

 

3.1.6.4.2 Toxic Chemicals

 

Permits/Clearances Issuance Section

 

The Toxic Chemicals Permits/Clearances Issuance Section shall review/evaluate environmental hazards and risks of industrial chemicals and issue permits to chemicals and chemical substances under CCO and PCL; review/evaluate chemicals and chemical substances subject to PMPIN requirements and issue Importation Clearance and/or Interim Status Permits; establish and maintain database for chemical and chemical substances in PCL and CCO; and spearhead the review and updating of PICCS together with MIID and PCTD.

 

3.1.6.4.3 Hazardous Wastes Monitoring/Inspection Section

 

The Hazardous Wastes Monitoring/Inspection Section shall conduct regular inspection and compliance monitoring of facilities generating, recycling and treating hazardous wastes including disposal facilities and survey of possible sites contaminated by hazardous wastes; act on complaints and information on illegal dumping and traffic of hazardous wastes and recommend/impose sanctions against violators of RA 6969 and Basel Convention.

 

3.1.6.4.4 Hazardous Wastes Permits/Clearances Issuance Section

 

The Hazardous Wastes Permits/Clearances Issuance Section shall prepare checklist of information requirements for the issuance of permits and clearances; review evaluate applications for transport, storage, and disposal of hazardous wastes for treatment and disposal and recommend issuance or denied permits and clearances. It shall also implement the requirements and procedures of the Basel Convention and DAO 92-29, 94-28 and 97-28.

 

3.1.6.4.5 Toxic Chemicals and Hazardous Wastes Standard Setting Section

 

The Toxic Chemicals and Hazardous Wastes Standard Setting Section shall develop guidelines and standards/procedures for the proper storage, transport and disposal of toxic chemicals and hazardous wastes.  It shall establish a national system to link existing sources of information on chemicals and hazardous wastes; develop standard criteria for risk assessment and other related toxic chemicals and hazardous wastes management standards.  It shall coordinate within the Department, other government agencies and private institutions for effective implementation of rules and regulations under RA 6969.

 

3.1.7 Legal and Environmental Education Service

 

The Legal and Environmental Education Service shall provide counsel/advice/comments and reports on certain issues pertaining to legal matters for appropriate action of the Director.  It shall also provide support to the intensive information and environmental campaign in the country.  It shall be composed of two (2) Divisions, namely:

 

3.1.7.1 Legal Division

 

The Legal Division shall direct the Bureau’s legal operations. It shall provide legal counsel/advice; review issuance of licenses, permits, notices of violations, Orders/Resolutions, contracts involving EMB’s mandate; file indictment cases against violators and assists in the formulation of policies, programs, guidelines, memorandum circulars, standards and rules and regulations.  Likewise it shall render comments on certain issues that touched on legal matters, conduct continuing legal studies and researches, and draft decisions, orders and reports for appropriate action of the Executive

Director.

 

The Division shall be composed of the following Sections namely:

 

3.1.7.1.1 Litigation and Prosecution, Evaluation & Enforcement Section

 

3.1.7.1.2 Investigation, Research & Legislative Liaison Section

 

3.1.7.2 Environmental Education & Information Division

 

The Division shall be composed of the following Sections:

 

3.1.7.2.1 Information and Public Advocacy Section

 

The Information and Public Advocacy Section shall undertake activities that will create public awareness through the use of print and broadcast media, conduct of seminars, symposia, lectures, briefings, special events and other related information activities.  It will also coordinate the preparation of environmental quality reports.

 

3.1.7.2.2 Environmental Education & Capability Building Section

 

This Section shall undertake programs that will strategically inculcate awareness, understanding, as well as promote skills, positive attitudes, commitments and active participation for the protection of the environment, through the integration of environmental concerns in the school system at all levels, government and private sectors.  It shall also conduct training needs analysis, and actual training programs for the

afore-cited sectors.

 

3.1.7.2.3 Global Environment Commitments Coordination Section

 

The Global Environment Commitments Coordination Section shall set as a priority, the coordination of the development, negotiation and ratification of international environmental conventions, agreements/protocols to deal effectively with environmental degradation and protection of shared global resources; promote awareness among stakeholders/general public on international conventions, their status and impacts on the country’s programs/projects.

 

REGIONAL OFFICE

 

3.2 Office of the Regional Director

 

The Regional Director shall implement the pertinent laws, policies, rules and regulations; implement the Bureau’s programs in the region; exercise the management functions of planning, organizing, directing and controlling; and perform other duties and functions as may be provided by law or further delegated by the Director.

 

The Office of the Regional Director shall take charge of environmental management and pollution control functions in the region and render technical support to the Provincial Offices and other Boards created for environmental management.  This Office shall exercise supervision over the following Divisions:

 

3.2.1 Administrative and Finance Division

 

The Administrative and Finance Division shall provide general administrative services pertaining to human resource management, records, property and other forms of support to operations; and render budgeting, cashiering and accounting services.

 

This Division shall be composed of the following Sections:

 

3.2.1.1 Administrative

 

3.2.1.2 Finance

 

3.2.2 Pollution Control Division

 

The Pollution Control Division shall be tasked to implement all programs and activities in accordance to PD 984, RA 8749 and RA 6969.  It shall undertake regular monitoring of sampling stations to determine the air and water quality of the region; conduct compliance monitoring of firms to environmental laws; survey of air pollution sources and hazardous wastes generators; evaluate and process applications for permits pursuant to PD 984, RA 8749 and RA 6969.

 

This Division shall be composed of the following sections:

 

3.2.2.1 Toxic Chemicals and Hazardous Waste Management Section

 

3.2.2.2 Air Quality Management Section

 

3.2.2.3 Water Quality Management Section

 

3.2.2.4 Laboratory Section

 

3.2.3 Environmental Impact and Monitoring Division

 

The Environmental Impact and Monitoring Division shall undertake all activities relative to the implementation of the Environmental Impact Statement System (PD 1586).  It shall take charge of the review and processing of applications for ECCs (Environmental Compliance Certificates) for projects under Environmentally Critical Areas, conduct compliance monitoring of projects to PD 1586, and provide assistance to local government units for vigorous and coordinated solid waste management.

 

The Division shall be composed of the following sections:

 

3.2.3.1 Environmental Impact Assessment Section

 

3.2.3.2 Field Monitoring Section

 

3.2.3.3 Solid Waste Management Section

 

3.2.4 Legal and Environmental Education Division

 

The Legal and Environmental Education Division shall provide counsel/advice/comments and reports on certain issues pertaining to legal matters for appropriate action of the Regional Director.  It shall review and evaluate pollution cases prior to its elevation to Pollution Adjudication Board (PAB).  It shall also provide support to the intensive environmental information and educational campaigns in the regions.

 

This Division shall be composed of the following sections:

 

3.2.4.1 Legal Section

 

3.2.4.2 Environmental Education and Information Section

 

3.2.5 Planning & Programming, MIS and Statistics Division

 

The Division shall undertake planning and programming, monitoring and assessment of programs/activities of the region.  It shall also coordinate over-all activities of the region on establishing and maintaining management information systems and databases that will provide up-to-date information; provide updated and timely statistics and information for planning purposes and information dissemination.

 

3.2.5.1 Planning and Programming Section

 

3.2.5.2 MIS Section

 

3.2.5.3 Statistics Section

 

3.3 Provincial and Other Pertinent Offices

 

Provincial and other field offices as maybe hereinafter created by the Secretary upon recommendation by the Director and the Undersecretary for Operations shall be an extension of the Regional Office, particularly in the IEC Campaign and provision of monitoring services.

 

Other pertinent Offices as may be likewise hereinafter created shall be responsible for other specific functions as may be warranted later on.

 

The Environmental Management Provincial Offices shall be composed of the following units:

 

3.3.1. Environmental Monitoring Unit

 

3.3.2 Environmental Information and Education Unit

 

The Bureau Regional Director shall exercise control over environmental management and pollution activities and shall perform technical coordination with the Regional Executive Director (RED) in all aspects of environmental management.  In case of differences/conflicts of interpretation, opinion and/or perception, the issue shall be elevated by the RED to the Undersecretary for Operations for resolution.  Regarding the issuance of permits under PD 984 and PD 1586, specifically ECC and other permits will be the responsibility of the Regional Director.

 

SEC. 4.  Geographical Jurisdiction of the Regional Office.  –

 

With the conversion of the EMB as a Line Bureau, there shall be 16 Regional Offices, each for Region 1 to 13, NCR and Cordillera Administrative Region and Region IV-B. Further, the Provincial Environmental Offices will be created in all provinces except those under the jurisdiction of ARMM.

 

SEC. 5.  Staffing.  –

 

The EMB Central Office shall initially be complemented with additional one hundred forty-six (146) positions to be created on top of its existing plantilla positions.

 

The sixteen (16) EMB Regional Offices shall initially be complemented with a total additional eight hundred thirty-seven (837) positions to be created on top of their existing plantilla positions, which shall be allocated in accordance with their respective staffing patterns.

 

The appropriate staffing pattern, position classification and organizational structure in accordance with the preceding premises are shown in Annexes A and B and shall be approved by the DENR Secretary for implementation.  The positions shall be filled in accordance with Civil Service Rules and Regulations.

 

SEC. 6.  Transitory Provision.  –

 

Pending the approval of the new staffing pattern and position classification, all permanent and casual employees of the Bureau shall continue to perform their respective duties and responsibilities and receive the corresponding salaries and benefits due them, unless otherwise separated from the service.

 

The Bureau shall internally adopt the new organization in the interim.  In this regard, the Undersecretary for Operations is hereby authorized to reassign Bureau/Regional personnel, subject to existing rules and regulations, through an appropriate Office Order.

 

The new position items for the above structure shall be created out of the vacant position items in the concerned offices of the DENR, upon the approval of the Department of Budget and Management (reclassification of position items).

 

Meantime, the support services staff of the Regional Offices (ROs) shall be provided by the DENR ROs as designated by the Regional Executive Director.

 

SEC. 7.  Repealing Clause.  –

 

All Orders, Circulars, or Instructions of the DENR inconsistent herewith are hereby repealed or amended accordingly.

 

SEC. 8.  Effectivity.  –

 

This Order shall take effect immediately.

 

 

 

HEHERSON T. ALVAREZ

Secretary

24 July 2002

 

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