Department of Environment and Natural Resources

Transcription

R e p u b l i c o f the P h i l i p p i n e s
Department of Environment and Natural Resources
ENVIRONMENTAL MANAGEMENT BUREAU
D E N R Compound, Visayas Avenue, Diliman, Quezon City 1116
Telephone Nos.: 927-15-17,928-20-96
E m a i l : emb@emb.gov.ph
• '
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Visit us at http:/M'ww.emb.gov.pli
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MEMORANDUM
TO
A l l E M B Regional Directors
FROM
T h e A s s i s t a n t Secretary a n d c o n c u r r e n t E M B D i r e c t o r
SUBJECT
Adoption of a National Strategy for the Management of POPs
Contaminated Sites In the Philippines
DATE
FEB 0 9 2016
The E M B Central Office through t h e Integrated P O P s Management Project 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 the 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 Sites. T h e N a t i o n a l
S t r a t e g y covers t w o parts, 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 objectives o f c o n t a m i n a t e d site m a n a g e m e n t a n d approach 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 sites, a n d P a r t I I : N a t i o n a l Strategy' w h i c h includes 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 , strategies a n d a c t i o n plans.
T h e N a t i o n a l S t r a t e g y has 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 stakeholders i n c l u d i n g
y o u r respective o f f i c e s . I n t h i s regard, t h e N a t i o n a l S t r a t e g y is 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 b e t h e basis f o r d e t a i l e d c o n t a m i n a t e d site 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 b e 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 Strategy s h a l l also b e a
reference d o c u m e n t , t o g e t h e r w i t h related 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 the
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 site m a n a g e m e n t r e l a t e d issues a n d c o n c e r n s i n y o u r respective
regions.
I t i s also e n v i s i o n e d t h a t the 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 specific strategies a n d a c t i o n plans.
F o r i n f o r m a t i o n a n d guidance
ATTY.
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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
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
i
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
ii
iii
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
iv
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
v
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)
F-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.
ES-1
INTRODUCTION
1
INTRODUCTION
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
1
immune system defects.”
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
2
INTRODUCTION
2
National Strategy Conceptual Framework
The National Strategy document is arranged into two parts. Part 1 discusses the guiding principles,
approach to the identification of contaminated lands, and the methodologies and tasks performed for
development of the national strategy. Part 2 of the document contains the identified gaps within
Philippine setting and the objectives and action plans of the strategies that can be adopted to address
gaps. The implementation plan for the National Strategy is also presented in Part 2 of the document.
the
the
the
the
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 sevenhundred 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.
3
Implementation Plan
(1)
(2)
(3)
Short-Term Plan
Mid-Term Plan
Long-TermPlan
Figure 1. National strategy framework.
4
INTRODUCTION
PART I
DEVELOPMENT OF THE NATIONAL STRATEGY
5
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
2
With the lack of soil quality standard, the ANZECC 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 6969
3
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.
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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.
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P AR T I
Approach to the Identification and Management of POPs Contaminated Sites
4
As stated in the Guidelines on the Inventory of POPs Contaminated Sites , the general framework in the
5
conduct of inventory of POPs-contaminated sites as adopted from the MIFO model is as indicated in
Figure 2. A more detailed framework is provided in Figure 3.
Preliminary Survey
Priority Sites
Preliminary Site Investigation
Priority Sites

Detailed site investigation

Remediation Planning
- Site monitoring
- Site management options
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
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Alternatives 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.
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.
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8
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
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the Guidelines on the Inventory of POPs Contaminated Sites: Preliminary Survey .
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.
9
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.
8
For details on the preliminary site assessment system, refer to the Preliminary Assessment Scoring.
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:
GW 2  SW 2  S2  A 2
4
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:
(Likelihood of Exposure x Targets x Waste Characteristics)
82,500
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.
10
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 riskunrestricted use).
Refer to the Site Characterization Guidelines
investigation procedures.
9
(Berkman, for finalization as of this writing) for site
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
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laboratory limits of reporting (LORs) or agreed practical quantitation limits (PQLs) .
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).
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.
10
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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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P AR T I
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.
Preliminary
Survey
Not Contaminated Site
(Pre S.I.)
No
Is the site
potentially
contaminated?
Yes
Investigation
Required Site
Priority Ranking
(Prelim. Scoring)
Preliminary
Investigation*
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IDENTIFICATION
Detailed Site
Investigation
Are there sufficient
data to determine
whether the site is
contaminated or not?
No
Yes
Low Priority Sites: Not
Contaminated
Is the site
contaminated?
No
Yes
MANAGEMENT
Are concentrations
greater than or equal
to set DENR criteria?
Medium Priority Sites
High Priority Sites
No
Yes
No
Are lands
suitable for
any land use?
Medium Priority:
Restricted Use
Remediation
Planning
Yes
Remediation
Planning
Clean-up
Medium Priority:
Unrestricted Use
Decontaminated Site
Optional Remediation
*Option to perform priority ranking
Decontaminated Site
Clean-up
Decontaminated Site
Figure 3. Framework for the Identification and Management of POPs Contaminated Sites.
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P AR T I
Step 1: Identification of POPs Contaminated
Sites

Reporting from the community.

Self-reporting/due diligence work

Inventories by regulatory agencies
(See Figure 3)
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.
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P AR T I
Step 4: Follow framework for the remediation planning and site
clean-up for High Priority POPs contaminated sites
(see Figure 3)
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.
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
11
future generations to meet their own needs” , 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 decisionmaking 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.undocuments.net/our-common-future.pdf, 1987.
16
P AR T I
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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P AR T I
S E C TI O N FO UR
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
18
P AR T I
S E C TI O N FO UR
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.
19
S E C TI O N FO UR
PART II
THE NATIONAL STRATEGY
20
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-avis the creation of a strong legislative and liability framework, monitoring, and enforcement system by the
government.
21
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 cleanup 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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P AR T I I
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.
23
P AR T I I
Table 2. Status of POPs regulation.
Pesticide
1. Aldrin
2. Dieldrin
3. Endrin
4. Heptachlor
5. Toxaphene
6. Mirex
7. Hexachlorobenzene
Status
Banned
Banned
Banned
Banned
Banned
Never Registered
Never Registered
Legal Issuance
FPA Pesticide Circular No. 4, Series of 1989
All provisions of PD 1144 apply
All provisions of PD 1144 apply
8. Chlordane
Banned
FPA Pesticide Resolution No. 01‐99, Series of 1999
9. DDT
10. PCB
11. Dioxins
Restricted
Banned
Continuing
inventory and
monitoring
DENR Administrative Order No. 01, Series of 2004
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
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);
24
P AR T I I
o
o
o
o
9
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);
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);
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
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).
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 POPscontaminated 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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P AR T I I
6. Education Campaign
26
P AR T I I
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
12
under the Convention in its National Implementation Plan (NIP) in 2006 . 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
13
provisions of RA 9275 are broad enough to cover POPs contamination of water resources.
Objective
Formulate the enabling policy for management of POPs contaminated sites.
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.
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).
13
27
P AR T I I
14
Table 3. Recommended Philippines Tier 1 Screening Values for Soil.
Philippines – Recommended
Values (mg/kg)
POPs Parameter
Aldrin
0.1
Chlordane
Total DDT
(DDT+DDE+DDD)
Dieldrin
1.6
4
0.11
Endrin
18
Heptachlor
0.28
HCB
1.1
Mirex
0.096
Toxaphene
1.6
PCBs Total
0.74
Dioxin (I-TEQ)
o
0.00018
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
15
The USEPA Regional Screening Levels (RSLs) can be used to screen various contaminants
including pesticides, PCBs, and dioxins and furans.
-6
-4
The USEPA has established a target cancer risk range of 1x10 (one in 1,000,000) to 1x10
(one in 10,000) within which it strives to regulate. Review of historical regulatory actions by the
-6
USEPA reveals that USEPA almost never regulates at a theoretical cancer risk below 1x10
-4
(de minimis) and almost always regulates at a theoretical cancer risk above 1x10 (de
-6
-4
manifestis). Targeting the cancer risk range in between 1x10 and 1x10 as the risk objective
-6
minimizes the number of people exposed to risks above 1x10 , 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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-6
The published 2014 RSLs correspond to a target cancer risk level of 1 x 10 . 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
-5
cases where the 1 x 10 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
3
measured of at least one substance in a soil volume of at least 25 m in the case of soil
3
contamination, or a pore-saturated soil volume of at least 100 m 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.
16
Groundwater target values taken from the Integrated Environmental Quality Standards
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).
-4
The published 2009 Dutch standards correspond to a target cancer risk level of 1 x 10 .
Therefore, the RSLs for potentially carcinogenic contaminants are to be divided by a factor of
-5
10 in cased when the 1 x 10 Excess Lifetime Cancer Risk (ELCR) is to be used in risk
assessment.
ANZECC Ecological Screening Values
17
The “Australian and New Zealand Guidelines for Fresh and Marine Water Quality ” 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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P AR T I I
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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P AR T I I
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
18
investigations and clean-up costs.
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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P AR T I I
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 interagency cooperation.
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.
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 sitespecific 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
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o
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
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.
34
P AR T I I
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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P AR T I I
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 cleanup 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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P AR T I I
conditions in permits and licenses. An additional function could be added which is to coordinate the
19
effective management and enforcement of laws and regulations governing land contamination.
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.
37
P AR T I I
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.
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.
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.
20
Under the Remediation Characterization Guidelines (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.

20
Encourage and establish accreditation requirements for private laboratories and TSD
facilities to expand their services.
Berkman Systems, Inc. Remediation Characterization Guidelines. 2014 (for finalization).
38
P AR T I I
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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P AR T I I
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.
Objective
Provide incentives and financing strategies 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
21
full remediation.
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.
21

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.
AECOM. Assessment of Economic Aspects. 2014 (for finalization).
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P AR T I I
22

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
22
UNIDO Toolkit which could be adapted to the Philippines are provided below.
UNIDO. Persistent Organic Pollutants: Contaminated Site Investigation and Management Toolkit.
41
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
23
the proposed Senate Bill as well as strengthening and broadening the scope of DAO 2005-06 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.
42
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.
INTERIM
IMPLEMENTATION
EVALUATION
Mandatory Environmental
Insurance (MEI) or Deposit
Refund System
Research Support
 Benefit Cost Analysis
(BCA) of Incentives
 Study of firm behavior
(monitoring amount and
rate of remediation and
disposal)
 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
Feedback
Figure 6. Financing and Incentive Strategy
43
P AR T I I
Table 4. Summary on Economic and Financing Strategies (Gaps, Strategies and Action Plans).
Gaps
Strategies
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
Action Plan
Interim
Implementation
Conduct Site
Assessments
Evaluation
Lead Agency
DENR-EMB
Research Support
 Prepare
proposal for
funding
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
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
Research Support
DENR-EMB
Civil Society
Groups
Advocacy lobby for
the Senate Bill to
increase penalty that
would cover land
contamination &
strengthen/ broaden
DAO 2005-06
implementation to
cover POP
management
 Studies for taxes
and MEI
 Comparative
analysis of taxes
and MEI
Conduct additional
studies to support the
setting of appropriate
levels of “taxes” for the
44
Environmental
NGOs
Mandatory
Environmental
Insurance (MEI) or
Deposit (EGF)
Refund System
DENR-EMB
Academe
P AR T I I
Gaps
Strategies
Action Plan
Interim
Implementation
Evaluation
Lead Agency
proposed Deposit (EGF)
Refund Scheme
Lack of a monitoring and
evaluation framework for POPs
management in terms of
financing
Research Support
A Monitoring and
Evaluation framework
and scheme should be
setup once the
proposed system of
incentives have been
refined and
implemented.
 Benefit Cost
Analysis (BCA) of
Incentives
 Study of firm
behavior
(monitoring amount
and rate of
remediation and
disposal)
45
DENR-EMB
Academe
P AR T I I
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.
Objective
Adopt systems from other countries and create venues for information transfer that can be possibly used
in the Philippine setting.
Action Plan

Certificates of Environmental Audit
Adopted from the Assessment and Management of Contaminated Land Groundwater in Western
24
Australia , 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.
24
Development of Environmental Protection. Perth, Western Australia. Contaminated Sites: Assessment and
Management of Contaminated Land and Groundwater in Western Australia. August 1995.
46
P AR T I I
2)
3)
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.
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.
47
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.
Objective
Develop a comprehensive IEC program on management of contaminated sites.
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
48
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
49
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.
50
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.
51
P AR T I I
Table 6. Action Plan Matrix.
Strategic Objectives
Specific Objectives
Strategies and Action Plans
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.
52
2015/
16
2016/
17
2017/
18
2018/
19
2019/
20
2020/
21
2021/
26
2026/
31
P AR T I I
Specific Objectives
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
Establish enforcement and compliance
mechanisms
Adopt and implement Certificate of
Environmental Audits, land title
encumbrances, environmental audit
system, and permit control
To establish systems that
would enable strategy
enforcement and compliance
from involved stakeholders.
Implement a set of market based
instruments to encourage
appropriate active waste
management, prevention of
contamination, and clean-up of
53
2015/
16
2016/
17
2017/
18
2018/
19
2019/
20
2020/
21
2021/
26
2026/
31
P AR T I I
Specific Objectives
contaminated sites
To strengthen the capacity of
the government in the
identification, clean-up and
management of POPscontaminated 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 lowcost 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.
54
2015/
16
2016/
17
2017/
18
2018/
19
2019/
20
2020/
21
2021/
26
2026/
31
P AR T I I
Specific Objectives
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 InterAgency 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 POPscontaminated 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 POPscontaminated sites
Conduct site assessment on POPs
contaminated sites
Require immediate action (i.e. engineering
and/or institutional control) on high risk
sites
55
2015/
16
2016/
17
2017/
18
2018/
19
2019/
20
2020/
21
2021/
26
2026/
31
P AR T I I
Specific Objectives
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
Prevention of
contamination in the
Assess, modify and strengthen
environmental laws to include wide range
of hazardous substances
To identify feasible land uses
for cleaned-up sites
56
2015/
16
2016/
17
2017/
18
2018/
19
2019/
20
2020/
21
2021/
26
2026/
31
P AR T I I
Specific Objectives
cleaned-up sites and
previously unaffected
sites (beyond 10
years):
To verify environmental
quality in selected sites;
Monitor and evaluate progress of
remediation and update database as
needed
To monitor reduction in the
number of identified
contaminated sites in the
Philippines
57
2015/
16
2016/
17
2017/
18
2018/
19
2019/
20
2020/
21
2021/
26
2026/
31
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.”
58
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Implementation of the National Strategy for Management of POPs Contaminated Sites. 2014 (draft).
AECOM, Guidelines on the Inventory of POPs Contaminated Sites, 2013.
AECOM, Preliminary Assessment Scoring, 2014.
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Wastes Control Act (RA 6969).
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DENR-EMB. Philippine Clean Air Act of 1999. Available from:
http://www.emb.gov.ph/portal/air/LawsPoliciesforAirQualityManagement.aspx.
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Decree No. 1586. Available from:
http://www.emb.gov.ph/portal/Portals/21/EIA%20LAWS/Presidential%20Proclamation%202146.pdf
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DENR-EMB, Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990, Available from:
www.emb.gov.ph/portal.
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2014.
Development of Environmental Protection. Perth, Western Australia. Contaminated Sites: Assessment and
Management of Contaminated Land and Groundwater in Western Australia. August 1995
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Available from: www.fda.gov.ph/issuances/29036-republic-act-no-7394. Food and Drug Administration of
the Philippines, Downloaded in 2014.
Global Environmental Facility. Cofinacing. Global Environment Facility.
http://www.thegef.org/gef/C20_6_rev1_cofinancing. Downloaded in 2013
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