Implementing Rules and Regulations of Chapter 20 of the Code on Sanitation of the Philippines on Pollution of the Environment

\· .- .)· '-:· -: . ~ :-: . : ~:~; .. /::~ ... ', •,.; ··. :-----· . , '• ,\ .. · .-.. ·- .,, ' -;~ .. :.:-: \•··. ~ (,?~:~ 1;\ ~ /. . .. ,:1 ,. .. -~· i ,. . 1~ ' ' ' ® DEPARTMENT OF HEALTH ENVIRONMENTAL HEALTH SERVICE Manila, Philippines 1998 IMPLEMENTING RULES AND REGULATIONS OF CHAPTER XX ., . ; ~ . " ,3t®;~sÎîliJr;f. Y ::ù~ù;- JM:J~ : ...... ,. -· ·· ~~i~1 \: .. IMPLEMENTING RULES A~D REGULATIONS OF CHAPTER XX - "POLLUTION OF THE ENVIRONMENT" OF THE CODE ON SANITATION OF THE PHILIPPINES (P.D. 856) TABLE OF CONTENTS Section 1 Scope ................................................................................ 1 Section 2 Definition of Terms .......................................................... 1 Section 3 Environmcntal Hcalth Assessment Report (EHAR) ........ 6 Section 4 Sanitary Permit ................................................................ 11 Section 5 Sanitary Requirements ..................................................... 12 Section 6 Requirements for Personnel ............................................. 15 Section 7 Specific Provisions........................................................... 16 Section 8 Evaluation and Inspection ................................................ 20 Section 9 Responsibility of the Operator ......................................... 25 Section 10 Responsibility of the Regional Health Direct or .............. 25 Section 11 Responsibility of the Local Health Authority ................. 26 Section 12 Responsibility of the Local Health Officer ..................... 26 Section 13 Penal-Provisions . . . . . ........... ..... .. . . . .... . . . . . ... ...................... ... 27 Section 14 Separability Clause .......................................................... 27 Section 15 Repealing Clause ...................... :······ .. ···"· .. ······················ 27 Section 16 Effectivity ......................................................................... 27 .. Republic of Ille Philippines Department of Health OFFICE OF THE SECRETARY San Lauro Compound, Rizal Avenue, Sta. Cruz Manila, Philippines Tel. No. 7119502 Fax No. 7431829 1898-1998 16 April 1998 IMPLEMENTING RULES AND REGULATIONS OF CHAPTER XX "POLLUTION OF THE ENVIRONMENT" OF THE CODE ON SANITATION OF THE PHILIPPINES (P.D. 856) To carry out the provisions of Chapter XX - "Pollution of the Environment" of the Code on Sanitation of the Philippines (P.D. 856), these rules and regulations are hereby formulated for implementation and strict compliance of all concerned. SECTION 1. SCOPE These implementing rules and regulations shall apply to ail establishments, premises and facilities that are producing, processing, manufacturing, handling, storing, transpo- ~ing, selling, distributing, using and disposing the following: fertilizers, pesticides, heavy metals, chemicals, biological agents and pollutants, radioactive materials, food additives, products emitting ionizing and non-ionizing radiation and other products and by-products that may cause harm to public health. These rules and regulations shall also apply to projects, conditions or activities such as industry, transport, energy, infrastructure, food, agricultural and other processes that may generate pollutants that are likely to adversely affect public health. SECTION 2. DEFINITION OF TERL'\1S As used in these rules and regulations, the terms below shall be defined as follows: 2.1 CONSTRUCTION - any or ail activity necessary or incidental to the altcration, demolition, installation, assembling, or equipping of buildings, private or public highways, roads, premises, parks, utility line, including line grading, excavation and filling. 2.2 DISINFECTION - a process of reduction or elimination of the number of potentially infectious microorganisms on an item or surface to safe levels. 2.3 ENVIRONMENT - all that which is external to the individual human host. lt includes the physical, biological, chemical, social or economic fae:tors that can influence human health. .'..➔ l· . .\ \ 11{(),\\Jl-. .\ J..\L l.0.\ll'l.l:\.'\l 1-. l. UU H Il :\1 l·. \t.\. l J · tllv llUêlllllL"l\l issued by the DENR Seeretary or the Rcgional faccutive Dire~1or (RED) eertifying that based on the representations of the project proponent and the EIS preparers, as reviewed and validated by the Environmental Impact Assessment Review Committee (EIARC), the proposed project or undc1taking wi II not cause a significant negative environmental impact, and that the proponcnt has complied with ail the requirements of the Environmental Impact S1atement (ElS) S}'Stem. 2.5 ENVIRONMENTALHEALTH - the chai-acteristics of environmental conditions thal affect the quality of health. It is the aspect of public health that is concerned with those forms of life, substances, forces and conditio11s in the surroundings or person that nrny excrt an influence on human health and wcll-being. 2.6 ENVIRONMENTAL HEALTH ASSESSMENT REPORT (EHAR) · a report issucd by the duly authorized officer of the DOH (i.e., the Director of the Environmental Health Service in case ofhealth sensitive projects, and the Regional Health Director in case of health sensitive project locations) which contains comments, recommendations, and other inputs, thal the proposed project, activity or undertaking has undergone review by the DOH. This report shall be submitted .. by the DOH to the DENR. 2.7 ENVIRONMENTAL HEALTH IMPACT ASSESSMENT (EHIA) · a fonnal stucly uscd to predict and determine the positive and negative consequences of devclopmcntal projecls and existing environmental eondi1ions on public health. 2.8 ENVIRONMENTAL HEALTH RISK ASSESSMENT (EHRA) - the use of scientific methods and information to define the probability and magnitude of potcntially adverse health effects which may result from exposure to hazardous materials or situations. 2.9 2.10 "2.11 ENVIRONMENTAL IMPACTS - the probable effects or consequences of proposed projects or undertakings on the physical, biological and socioeconomic environment, which can be direct or indirect, cumulative, and positive or negative. ENVIRONMENTAL IMPACT STATEMENT (EIS) - the document(s) of studies on the environmental impacts of a project including the di~cussion on direct and indirect conscquences upon human welfare and ecological and environmental intcgrity and lhc 1ppropriate mitigating and enhancement measures. ENVIRONMENTAL IMPACT STATEMENT SYSTEM - the entirc process of organization, administration, and proccdurcs institutionalized for purposes of assessing the significance of the effects of any project or undertaking on the quality of the physica\, biological and sociocconomic environment, and designing appropriatc prcventive, mitigating and enhancement measures 2 .::.12 2.13 2.14 2.15 2.16 l·,Xl'OSL H.h - tlll) ~·omu.:t b.:tw...:.:n a p\llL'lllIHII) 11,irm!lll ag.:m pr.:s.:ur m an environmental medium like air, water, food, soi!, and surface of the human body like the skin or the lining of the digestive tract or respiratory tract. Exposure can occur in a number of routes like via inhalation, ingestion, direct skin or eye contact, transplacental blood contact or injection directly into the body. FERTILIZER - an organic or inorganic material that is added to soil to supply elements essential to plant growth. HAZARD - a source of danger; a qualitative tenn expressing the potential that an agent or condition can cause harrn. HEALTH SENSITIVE PROJECT · a project, whose raw materials, by products, intermediate products, finished products, wastc products, and other processcs du ring the construction, operation and decommissioning phases will pose a signilicant health risk to the workers and the communities exposed. These undertakings can be classified into major development projects such as, but not Iimited to the following: a. Heavy Industries (e.g., non-ferrous metal industries, iron and steel mills, smelting plants, petroleum, and other petrochemical industries, including oil and gas); b. Resource Extractive Industries (e.g., major mining and quarrying projects, forestry projects like logging, grazing and extraction of mangrove products, fishery projects including dikes and fishpond development projects); c. Power Generation Operations (e.g., thennal, geothermal, hydroelectric, nuclear, and other non-traditional sources of power and energy); d. e. Infrastructure Projects (e.g., major dams, major reclamation projects, major roads and bridges); and Golf Course Projects HEALTH SENSITIVE PROJECT LOCATION - a project located in an area that meets any of the following characteristics: a. Health sensitive project location defined by the presence of cndemic diseases in the area, presence of vulnerable environmental pathways which can cause an exposuresituation, and presence of significantly high number of vulnerable sector of the community (children, elderly, sick and differently-abled); b. Areas such as national parks, wildlife preserves, watersheds and aquifers where environmental damage may compromise the health of resident communities dependent on these areas for their water, food and other necessities vital to the maintenance of good health; 3 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 C. Areas tra<litionally occupie<l by indigcnous cultural communities or tribcs where development may pose a significant impact on their health; d. Areas classified as prime agricultural lands, bodies of water, mangrove areas, coral reefs, and other locations used by nearby communities as sources of incarne and sustenance; and e. Areas frequently visited or hard-hit by natural calamities like volcanic activities, earthquakes, floods, etc. that may affect or disrupt the project cycle once located therein, and thereby pose additional hazards or risks to the resident communities. HEAVY METAL - metallic element with high molecular weight, generally toxic to plant and animal lifo. INITIAL ENVIRONMENTAL EXAMINATION (IEE) - tll(i document required of proponents describing the environmental impact of, and mitigation and enhancement measures for projects or undertakings located in an environmentally c. critical area (ECA). INITIAL HEALTH EXAMINATION (IHE) - part of the IEE which consists of a list ofhealth hazards which may have significant health risks, including prevention and mitigating measures for projects or undertakings classified under health sensitive project locations. LOCAL HEALTH AUTHORITY - an official or employee responsible for the application of a prescribed health measure in a local political subdivision. For a province, the local health authority is the govemor and for a city or municipality, the mayor. LOCAL HEALTH OFFICER - the provincial, city or municipal health officer. MULTIPARTITE MONITORING TEAM - a multisectoral team convened for the primary purpose of monitoring compliance by the proponent with the ECC and applicable laws, ru les and regulations. NOISE-an crrntic, intermittent, orstatistically random oscillaticm, or any unwantcd sound. NUISANCE - anything that offends the senses, produccs discomfort to the community, may injure health or endanger life. OBJECTIONABLE ODOR - any odor present in the indoor or outdoor atmosphere that, by itself or in combination with other odors, is or may be harmful or injurious to senses, interferes with comfortable use and enjoyment of life and property, or crcates a nuisance. 4 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 PERSONAL PROTECTIVE EQUIPME.\T (PPE) - includes equipment necessary for the protection of workers and other persans against bodily harm resulting in sudden illness, occupational diseases or injury. PESTICIDE - any substance or product, or mixture intended to contrai, prevent, destroy, repel or mitigate pests. It includes insecticide, fongicide, bactericide, nematocide, herbicide, molluscicide, avicide, rodenticide, plant regulator, defoliant, desiccant, and the like. POLLUTANT - any substance whether solid, liquid or gas, which has direct or indirect impact on health, may alter the quality of the environment, imparts objectionable odor, noise, temperature change, physical, chemical or biological change to any segment of the environment, or is in excess of allowable health and environmental quality standards prescribed by the govemment. POLLUTION - any alteration of the physical, chemical and biological properties of any water, air and/ or land resources of the Philippines, or any discharge thereto of any liquid, gaseous or solid wastes as will or is likely to create or to render such water, air and land resources harmful, detrimental or injurious to public health, safety or welfare, or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational or other legitimate purposes. PROPONENT - any natural or juridical person intending to implement a project or undertaking. REGIONAL HEALTH DIRECTOR - an official who heads the Department of Health Regional Health Office. RISK - a negative consequence or adverse effect of some action or inaction; a quantitative term expressing the magnitude and probability of the adverse effect occurring after an individual bas been exposed to a specific amount of hazard. SAFETY - the condition of being free from danger that may cause accident or disease. SANITARY ENGINEER - a person duly registered with the Board of Examiners for Sanitary Enginecrs (Republic Act 1364) and who heads the sanitation di vision/ section/unit of the provincial/city/municipal health office or employed with the Department of Health or its regional health offices. SANITARY PERt"\llIT - the certification in writing ofthecity or municipal health officer or, in bis absence, the chief or head of the sanitation division/section/unit that the establishment complies with the existing minimum sanitation requirements upon evaluation or inspection conducted in accordance with Presidential Decree Nos. 522 and 856 and local ordinances. 5 2.36 2.37 2.38 2.39 2.40 SA:\ITATIO.\ IiliSPECTOR - a govcrnmcnt officer emplo~1ed by the na1ional, provincial, city or municipal govemment, who enforces sanitary rules, laws and regulations and implements environmental sanitation activities under the supervision of the provincial/municipal/city health officer/sanitary engineer. SCOPING - the stage in the EIS System where information and assessment requirements are established to provide the proponent with the scope of work for the EIS. UNDERSECRETARY - the Undcrsecretary of Health, Office for Public Health Services of the Department of Health. VERMIN - a group of insects or small animais such as flies, mosquitoes, cockroaches, lice, bcdbugs, micc and rats that arc vectors of diseascs. VERMIN ABATEMENT PROGRAM - a series of preventive and control activities or procedures to eliminate or reduce the presence of vermin. SEC'(ION 3. ENVIRONMENTAL HEALTH ASSESSMENT REPORT (EHAR) J. l 3.2 Covcrage The Environmental Health Assessment Report (EHAR) shall cover (a) Health Sensi1ive Projects, and (b) Health Sensitive Project Locations. The coverage shall includc new development projects and projects being proposed for expansion in terms of operations or area, or modification of processes. Proceclure 3.2.1 Health Sensitive Project Proponents of healtb sensitive projects shull conduct an environmentul heulth impact assessment (EHIA) as part of the EIS documents submitted to the DENR. Health sensitive projects shall be revicwed at the national level by the DOH Environmental Health Service (EHS) in accordance with the following procedures: (Plcase refer to Annex I for the flowchart) a. The project proponcnt, aftcr sccuring an application for ECC, shall prcparc for the conduct of the scoping meeting with DENR-EMB, Local Governmcnt Units, Non-Governmcnt Organizatiuns, EIA Review Committee and otherstakeholders, including the DOH. b. Upon submission of the EIS documents by the proponent, the DENR-EMB shall provide a copy of the EIS to DOH-EHS. 6 3.2.2 c. The DOH-E.HS :,hall rcvic\\ the cnv1runmcntal hcalth 111lJMd assessment (EHIA) component of the EIS documents within thirty (30) days from receipt thereof. The DOH-EHS shall invite, if necessary, experts from other offices/units of the DOH in the review of the BIS. d. After the DOH review process, the DOH reviewer(s) shall recommend to the Director of Environmental Health Service the approval of the EHAR or the need to request for additional information from the proponent. The EHAR shall be noted by the Undersecretary of Health before transmittal to the DENR. e. In case there is a need for additional infonnation after the DOH revicw process, the DOH-EHS shall inform the proponent through the DENR Review Committee. f. Upon the proponent's submission of additional information, the DENR-EMB shall provide a copy to DOH-EHS. g. The DOH-EHS shall review the additional information within thirty (30) days upon receipt thereof. Upon completion of the review, the DOH reviewer(s) shall endorse the findings and recommendations to the Director of Environmental Health Service for the approval of theEHAR. h. The EHAR shall be submitted directly to the DENR EIA Review Committee within fifteen (15) days after the DOH review process. The processing of the EHAR, however, may be prolonged depending on the extent of the additional information that will be required. Health Sensitive Project Location Proponents of projects in health sensitive location shall conduct an Initial Health Examination (IHE) as part of the IEE documents submitted to the DENR Regional Office. Projects in health sensitive location shall be reviewed by the DOH Regional Health Office-Technical Division (RHO-TD) in accorclance with the following procedures: (Please refer to Annex 2 for the flowchart) a. Upon submission of the IEE documents by the proponent, the DENR Regional Office provides a copy of IEE to DOH-Regional Health Office (RHO). b. The DOH-RHO technical staff shall review the IHE component of the IEE documents within fourteen (14) days from receipt thereof. 7 3.3 d. e. f. g. :\!lC! lll..: l)(JJ 1-1<.HU !C\ IC.:\I pro<.:n,.,. llli: UUI 1-K-tl.J rt'.11,'\\ l'i'(~) .,n.111 recommend to the Regional Health Director the approval of the EHAR or the need to request for additional information from the proponent. In case there is a need for additional information after the DOH -RHO review process, the DOH-RHO shall infonn the proponent through the DENR Regional Office. Upon the proponent's submission of additional information. the DENR Regional Office shall provide a copy to DOH-RHO. The DOH-RHO shall review the additiona! information within fourteen (14) days upon receipt thereof. Upon completion of the review, the DOH-RHO reviewer(s) shall recommend to the Regional Health Dircctor the approval of the EHAR. The EHAR shall be submitted directly to the DENR Rcgional Office within scven (7) days after the DOH-RHO revicw proccss. The processing of the EHAR, howevcr, may be prolonged dcpcnding on the extent of the additional health information that will be required. 3.2.3 The Philippine National Framework and Guidelines for Environmental Health Impact Assessment shall be the basis for the conduct of EHIA for health sensitive projects and IHE for projects in health sensitive location and is hereby made part of these implementing rules and rcgulations. Contents of the Environmental Health Impact Assessment (EHIA) Report After classification or screening for health sensitive project or heahh sensitive project location, the proponent shall collec1 the following environmental health data for the EHIA report for inclusion in the EIS documents:· 3.3.1 Baseline Hcalth and Sanitation Information a. Demographic Profile b. Vital Statistics c. Local Hcalth Resourccs d. Envirnnmclllal Hcahh and Sanita1ion Profile i. Water supply ii. Human cxcreta management iii. Waste management and disposai systems iv. Food hygiene v. Other baseline environmcntal data (e.g., community noise levels, dust and other air pollutant leve!s, ground water quality, quality of existing bodies of water, soil quality and other parameters which may be aggravated as a consequence of the development project). 8 3.4 .U.2 3.3.3 Environ mental Hcalth Impact and Risk Asscssmcnt Componcnt a. Description of the stages of the development project b. Identification and description of environmental health sensitive activities and processes during the various phases of the project c. Identification of health hazards present during the project activities d. Identification of impact population or receptors e. Description of the health consequences Control and Mitigating Measures a. b. Management control measures Health hazards control program i. Engineering controls ii. Administrative controls iii. Persona! protective equipment iv. Community strategies and intervention to be implemented by the proponent c. Consequence recovery or mitigating measures i. First-aid programs ii. Medical emergency response strategies iii. Conununity emergency and disaster plans iv. Communication and waming strategies v. Options for community rehabilitation and relocation d. Health surveillance, evaluation and monitoring plans i. Monitoring parameters (ambient sampling) ii. Composition of monitoring teams iii. Schedule and frequency of monitoring iv. Costs allocation of monitoring expenses v. Rccording and reporting systems to regulatory agencies and Olher stakeholders Non-Coverage 3.4.1 Projects that do not meet the definition of Health Sensitive Project or Health Sensitive Project Location shall submit a Health and Safety Management Plan (HSMP) to the concemed DOH and DENR Regional Offices. The pertinent sections of the Philippine National Framework and Guidelines for Environmental Health Impact Assessment shall be the basis for formulation of the HSMP. 9 3.5 3.6 3.4.2 The HSMP shall includc the following componcnts a. Project description b. Listing of health and safety hazards in the workplace and those with potential health impacts to the community c. Statement of proposed strategies to prevent and ·control health and safety hazards identified d. Proposai for the proper management, evaluation, monitoring and audit of the HSMP Approval of the EHAR 3.5.1 The DOH shall issue the EHAR upon compliance with the documents rcquircd and aftcr the cvaluation of the health impacts. The EHAR which contains comments, recommendations, and other inputs shall be submitted by the DOH to the DENR. 3.5.2 Basis for the non-issuance of the EHAR shall be the following: a. That the statement in the document submitted is false or misleading; b. That the documents submitted are incomplete. or failed to comply with the provisions of these mies and regulations; c. That the proponent bas failed to demonstrate or has not submitted the necessary documents stating the health, sani1ation and safcty components of the project; and d. Other compelling reasons that may include adverse 11egativc consequences that may impact on public hcalth and for which acceptable mitigation and control measures have not becn fully satisfied by the proponent. 3.5.3 The EHAR for Health Sensitive Project shall be signed by the DOH Reviewers, approved by the Dircctor of Enviromncntal Hcalth Service, and noted by the Undersecretary and shall be transmitlccl dircctly to the DENR EIA Review Committcc. 3.5.4 The EHAR for Health Sensitive Project Location shall be signcd by the DOH-RHO Revicwers and approvcd by the Regio:1al Hcalth Director and shall be transmitted directly to the DENR Regional Office. Environmental Health Advisory Conunittee The Secretary of Health, as Chairperson of the Interagency Committee on Environmental Health (IACEH), may at any timc refer matters .to member agencies or groups of experts who have authority on such fields· in relation to the implementation of the EHIA process. The Environmental Health Service shall act as the Secretariat to the Advisory Committee. 10 3.7 3.8 Visitorial Power The Secretary of Health or his duly authorized representative shall have visitorial power to ascertain the compliance with the existing commitments stipulated in the EIS document, standards, conditions and requirements relative to public health and safety, within the context of the Multipartite Monitoring Team (MMT) formed for such purpose. Coordination with Other Agencies The Secretary of Health or his duly authorized representative shall coordinate with the Department of Environment and Natural Resources and other agencies concemed in the implementation of the EHIA process. SECTION 4. SANITARY PERMIT 4.1 4.2 4.3 No person or entity shall operate any establishment, premises or facility without a Sanitary Permit issucd by the local health officer. Any extension or additional construction or alteration in an establishment shall require a new sanitary permit before it can operate. Application or Renewal of Sanitary Permit 4.3.1 The application or renewal of the sanitary pennit shall be filed with the city or municipal health office havingjurisdiction over the establishment utilizing the prescribed EHS Fonn. 4. 3.2 Sanitary pennit shall be issued only upon compliance to at least satisfactory rating utilizing appropriate EHS standard forms for the type of establishment that is being inspected. 4.3.3 Fees. The fees for the application, renewal and noting of the sanitary permit shall be paid to the local government unit. The amount of fees shall be set through city or municipal ordinance. 4.3.4 Noting of Permit. If there is a change in ownership of the establishment, premises or facility covered by these ru les and regulations, the new owner shall apply to the city or municipal health office within fourteen (14) days to have such change noted in the records and permit certificate. The new owner shall pay the corresponding fee for such noting. 4.3.5 Validity. The sanitary permit shall be val id for one ( l) year, ending on the last day of December of each year, and shall be renewed every first month of the year thereafter. However, for new establishments, the sanitary pennit shall also expire at the end of December of the current year. Il ➔ .3.6 Re\ocation or Suspension. Upon the rccommcndall(,11 of the local hcallh officer, the sanitary permit shall be suspended or revoked by the local health authority upon violation of any sanitation rules and regulations. 4.3.7 Posting of Permit. The sanitary pennit shall be posted in a conspicuous part of the establishment and shall be available for inspection by authorized heahb and other regulatory personnel. 4.3.8 Record of Permit, a. Every city or municipality shall keep a record of all establishments that have been issued sanitary permit and renewal thereof. b. The record shall in every case show the following: 1. The name and address of the holder of the permit who in every case shall be the acnml occupant of the establishment; ii. The location of the establishment; 1n. The nature and kind of business for whicb the permit has been issued; 1v. The date the first permit was issued and the dates of any renewal thereof; v. Every change of occupation and management of the establishment since the first pennit was issued; vi. Sanitary conditions under which the pennit was issued or any renewal thereof granted; and vii. The revocation of the permit. c. The record shall be avaîlable at ail reasonable time for inspection by authorized officer of the Department of Health or the local government unit. SECTION S. SANITARY REQUIREMENTS 5.1 Site Requirements 5.1.1 The establishment, premises and facility shall be located only in areas or zones designated by existing laws or ordinances for that type of establishment. 5.1.2 Suitable waming devices in workplaces where hazardous substances are manufactured, handled, stored, transported and disposed shall be installed to alert the personnel in case of the liberation of dangerous quantities of such substances. 12 5.2 5.3 5.5 \>Vater Supply 5.2.1 The water shall be adequate and potable whether from a public or private water supply system. The quality of drinking water used shall be in accordance with the Philippine National Standards for Drinking Water. a. Ali drinking water sources shall have a certificate of potability of drinking water issued by the local health officer. b. A minimum of fort y ( 40) liters of water per capita per day shall be maintained. 5.2.?. The source, delivery, operation, examination and protective measures for drinking water suppl y shall be in accordance with the provisions of Chapter Il - "Water Supply" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations. Food and Drinks Dispensing of food and drinks within the establishments, premises, and facilities covered by these rules and regulations shall be in accordance with the provisions of Chapter III - "Food Establishments" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations. Sewage Collection and Disposai Ali sewage discharged frorn the establishments shall be disposed in a public sewerage system, or in the absence thereof, in. a manner complying with the provisions of the Chapter XVII - "Sewage Collection and Disposai, Excreta Disposai and Drainage" of the Code on Sanitation of the Philippines (P.D. 856) and its implcmenting rules and regulations. Solid Waste Management Refuse segregation/separation, storage, collection, transport and disposai shall be in accordance with the provisions of Chapter XVIII - "Refuse Disposai" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and rcgulations. 5.6 Vermin Control 5.6.1 5.6.2 A vermin abatement program shall be maintained in the establishment by the operator. If they fail, neglect or refuse to rnaintain a vermin abatement program, the local health office shall undertake the work at the expem;e of the operator. The procedure and frequency of vennin abatement program shall be detennined by the local health officer and approved by the local health authority. l3 5.7 5.8 5.9 5.6.3 Prnpcr hou~ckccping ,md dcaning of surrounding~ ~hall be 111ai11U1incd at ail times by the owner or operator of the establishment, premises or facility. 1 5.6.4 Owners or operators of establishments, premises or facilities shall comply with the pertinent provisions of Chapter XVI -"Vcrmin Contrai" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing mies and regulations. Handwasbing Facilities 5.7.1 Wash-hand basins shall be installed in convenicnl places and as ncar as practicable to where the person for whose use thcy arc providcd or in such locations as may be otherwisc prescribed by the local hcalth office. 5.7.2 If rcquired in writing by the local heailh officer, additional wash-hand basins sball be installed as near the toilet facilities as possible. The installation of such shall be in accordance with the provisions of the .. National Plumbing Code of the Philippines. 5. 7 .3 Wash-hand basins sball be maintained properly. Adequ(l,te suppl y of water, soap, and band drying facilities shall be provided to workers and clients. The basins shall be maintained clean and in good repair at ail times. Toilet Facilities 5.8". l The operator shall provide adequate and clean toilet facilities for male, fcmale and differently-abled workers and clients. 5.8.2 The toilets shall be easily accessible to the workers and clients. 5.8.3 Toi let rooms shall be completely enclosed, properly lighted and provided with adequate ventilation. 5.8.4 The number of water closets, urinais, wash-hand basins and showers shall depend on the general category of establishment. For industrial establishments, the pertinent provisions of Chapter VII - "lndustrial Hygiene" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing rules and regulations shall be complied. For other types of establishments, pertinent provisions of other chapters of P.D. 856 and existing standards of the DOH shall be complied. Lighting and Ventilation The general illumination and ventilation requirements of specific implementing rules and regulations of P.D. 856 is hereby adopted and made as integral part of these implementing rules and regulations. 14 j { 5.10 5.11 Sound and Vibration 5.10.1 5.10.2 5. l0.3 5.10.4 Sound-absorbing materials shall be installed in ail areas where sound is produced to decrease reverberation. Anti-vibration mountings shall be utilized for sound or vibration producing equipment Total enclosure of the establishment or facility or area where sound and vibration are produced shall be required to prevent the escape of noise that may disturb the neighboring communities. Employees working in areas where sound level excecds 75 dB sha\l be provided with hearing protection equipment. Change Rooms 5.11.1 Establishments, premises or facilities shall be provided with change rooms for workers in accordance with specific implementing rules and regulations of P.D. 856. 5.11.2 Change rooms shall be provided for each gender and shall be located adjacent to the bathrooms. 5.11.3 Change rooms shall be provided with individual lockers, chairs and lounges. SECTION 6. REQUIREMENTS FOR PERSONNEL 6.1 6.2 6.3 6.4 6.5 No worker shall be allowed to work in the establishment, premises or facility without an up-to-date health certificate issued by the city or municipal health officer of the locality where the establishment is situated. Heal~b Certificates (EHS From 102-A & B) shall be issued after the personnel bas undergone physical and medical examinations and immunizations. Ali certificates are non-transferable and shal! be renewed at least once a year. The worker shall wear the health certificate while at work. No worker suffering from communicable disease shall be allowed to work in the establishment. Workers shall wear clean working gannents and shall observe good persona! hygiene and practices while working. Smoking and drinking alcoholic beverages are not allowed while at work. The use of prohibited drugs is likewise pro~ibited. 15 \Vorkcrs shall be rcquircd !O wcar persona! protcc11vc cqu1pmcm whilc working 111 areas exposed to pollutants and other hazards. 6.7 Workers shall be trained on procedures to prevent and control the liberation of hazardous substances, eliminate pollution, and evacuate from the affected area in orderly manner. SECTION 7. SPECIFIC PROVISIONS 7. 1 Pest ici de and Fertilizer Establishments .. 7.2 7.l.l 7.1.2 7.1.3 7.14 7.1.5 7.1.6 No pesticide and fertilîzer establishment shall opt:rate without securing appropriate clearances from concerned agencies as require<l under PD. 856, P.D. 1151, P.D. 1586, P.D. 1144, R.A. 6969 and other relevant laws and regulations. Every employer shall provide the workers with persona! protective equipment (PPE), protective shields and barriers whenever necessary . Ail PPE shall be of the approved design and construction appropriate for the exposure or the work to be perfom1ed. Agricultural chemicals shall be handled and used only by trained personnel. Pesticides used in public health shall be handled only by accredited urban pcst control applicators. The pertinent provisions of Chapter XVI - "Vermin Control" of the Code on Sanitation of the Philippines (P.D. 856) and its implementing mies and regulations shall be enforced. Steel and :vletal Industries 7.2.1 7.2.2 7.2.3 7.2.4 7.2.5 Steel and rnetal plants shall be located only in areas designated by local zoning laws and ordinances. Waste water and other discharges coming from steel and metal plants shall be treated prior to its final disposai and shall confonn to the DENR standards for effluents. Air emissions coming from steel and metal plants shall conform to the DENR standards. The workers shall wear persona! protective equipment while at work. The local health office shall monitor the environmental health effects to the communities within the impact zone as well as the occupational health of ail workers working thereat. 16 7.4 Elcctric and Ekctronk Industries 7.3.I 7.3.2 High-tension transmission lines shall never pass overhead or underground of residential areas. Manufacturers of electrical or electronic products and other products emitting radiation that may adversely affect the health and safety of the people shall be required to secure clearance from the DOH before selling their products. 7.3.3 The provisions of P.D 480 and the rules and regulations of the Radiation Health Service of the De part ment of Health shall be a pp lied and enforced. Transport Industries 7.4.1 7.4.2 7.4.3 7.4.4 7.4.5 7.4.6 Ail drivers, conductors and inspectors of public utility vehicles shall be required to secure an up-to-date health certificate frorn the local health office. Emissions of ail land motor transport vehicles shall conform to the maximum allowable emission standard set forth under P.D. 1181 "Abatement, Control and Prevention of Vehicular Pollution" and its implementing rules and regulations. Land motor transport vehicles, particularly the public utility vehicles and tricycles, shall not produce noise above 70 dB from source such as engine, muffler or radio/stereo. Blowing of horns shall be prohibited while passing public buildings like courthouses, places of worships, schools, hospitals, offices and other institutions. Local government units shall prornulgate local ordinances to this effect. No residential area shall be established along the path of sonic booms from airplanes/aircraft. No airport shall be established in a place designated by zoning laws and ordinances as residential areas. 7.5 Construction Industries 7.5.1 No vertical, horizontal or underground construction activities shall be allowed to discharge or emit pollutants (water, air, soi!, noise, odor) that may adversely affect the health of the workers and the community. Workers shall be protected from the effect of the activities by the proper use of applicable PPE. 17 7.6 7.7 7.5.2 7.5.3 7.5.4 7.5.5 Harmful dust, gases and fumes present in an excav3.tion shall be r e'.1de~ed harmless by the installation of ventilators or other control and ?1-ltlgat~ng measures 10 free the area from contaminants. Internai combusuon engme shall be operated in an excavation only when provision has been made to ensure that exhaust gases and fumes are rendered harmless or discharged 10 a point away from the excavation. Explosives when used incidental to the construction works, shall not cause or produce, pollutants that may adversely affect the hea:th a~d safety of the nearby communities or the workers in the construcuon site. Vertical construction works shall be well shieldeà. or screened to prevent the dissipation of dusts that are hazardous to workers and the people outside the construction site. Land development projects like golf courses, memorial parks, subdivisions, industrial estates, sewerage and water supply projects and construction requiring boring such as in geothennal development and mining, shall ensure that the underground and surface water sources are protected from pollution. Health Care Facilitîes 7.6.1 7.6.2 The handling, storage, collection, transport and disposai of solid and liquid wastes, particularly infectious, pathologie and hazardous wastes, fr~m health care facilities such as hospitals, clinics, laboratories and other s1milar establishments, shall conform to the pertinent provisions of Chapter XVII "Sewerage Collection and Disposai, Excreta Disposai a~d 1?rainage" and Chapter XVlll - "Refuse Disposai" of the Code on San1tat1~n of the Philippines (P.D. 856) and their implementing rules and regulatlons. The owner or operator of the establishment shall provide personnel of hcalth care facilitics handling biomedical wastes with appropriate PPE. Shops and Cottage Industries 7.7.1 7.7.2 Shops and other cottage industries using chemicals or other materials that may produce pollution like water, air, soi!, odor, nois: shall. conform to specific provisions and implemcnting rules and regulat1ons ot P.D. 856 and other relevant laws. The escape and inhalation of fumes, gases or dusts shall be preven.ted by the provision of local, natural or mechanical, or gene~al vent1lat1?n systems. The air shall be discharged to clear areas where 11 c~n be :as1ly diluted and shall not affect the neighborhood and the people ltvmg in the community. The discharged air shall conform to the DENR standards for air emissions. Ill 7.8 7.7.3 The dischargc of v,1astewaccr ,hall confonn to the DE~R ~1amLt1·d:, fur effluents. 7. 7.4 Shops and other cottage industries shall confonn to the pertinent provisions of Chapter VII- "lndustrial Hygiene" and Chapter XIX - "Nuisances and Offensive Trades and Occupation" of the Code on the Sanitation of the Philippines (P.D. 856) and their implementing rules and regulations. Sanitary Landfills and Other Garbage Disposai Areas Sanitary landfills and other garbagc disposai areas shall conform to the provisions of Chapter XVIII - "Refuse Disposai" of the Code on Sanitation of the Philippines (P.D. 856) and ils implementing rules and regulations. 7.9 Firecrackers, Explosives and Ammunition Industries 7.10 7.11 7.9.1 Firecrackers, ammunition and explosive plants/shops shall be allowed only in areas designated by the local zoning ordinance for thal type of industry. 7.9.2 The owner or operator of such establishment shall institute appropriate health, sanitation and safety measures to prevent, mitigate and control adverse impact to public health and safety. Ricemills and Lumberyards 7 .10.1 Rice husks from rice mills (stationary or mobile) shall not be stored and disposed in a manner that will create pollution. Storage and disposai of rice husks shall conforrn to the provisions of Chapter XVIII - "Refuse Disposai" of the Code on Sanitation of the Philippines (P.D. 856.) and its implementing rules and regulations. 7 .10.2 Saw dusts and wood shavings from lumberyards shall not be stored and disposed in a manner that will create pollution. 7.10.3 The owner or operator of ricemills and lumber yards shall institute appropriate preventive, mitigation and control measures for the protection of public health and safety. Biomass Fuel 7 .11.1 Wood, crop residues, animal dung, and other forrns of biomass shall not be used in establishments for cooking and/or heating fuels unless the establishment has a satisfactory ventilation system. Unprocessed solid fuels, like wood or coal shall not be used in establishments even if they satisfy the ventilation requirement. 19 7. 12 7 .11.2 Open fire cooking, roasting and barbecumg rn streè\s ,111d othcr crowclc"d arcas shall not be permitted. Otber Establishments, Premises and Facilities Cernent plants, car assernbling plants, battery plants, rnining and quarrying plants, food rnanufacturing and processing plants, abattoirs, funeral pari ors and embalming establishments, industrial and commercial complex, recreation facilities, and other similar establishment, prernises or facility that rnay create pollution shall conform to the pertinent provisions of P.D. 856 and other applicable laws. SECTION 8. EVALUATION AND INSPECTION 8. 1 .. 8.2 8.3 Responsiblc Officer lt sha\l be the duty of the city/municipal health officer to cause the inspection and cvaluation of every establishment, prernisesor facility covered herein at least every three (3) months and to cause as many additional inspections and re~inspections and evaluation as deemed necessary for the enforcement of the provisions of these ru les and regulations. Inspection of the establishment sh~ll be conducted within seven (7) working days after payment of the inspection fee to the city/municipal treasurer concemed. Sanitation Inspection Fee The fees payable on evcry inspection shall be of such amount prescribed by local ordinancc. Mission Ortler 8.3.1 8.3.2 The city/municipal health officer or the chief of the sanitation division/ section/unit of the local health office, as the case may be, shall issue a mission order (EHS Form No. i 12) for every sanitation inspection that will be conducted by the sanitary engineer/sanitation inspector. The mission ordcr must contuin the date, mission order number and series, the name of the inspcctor and l.D. number, the business names, addresscs, categories of establishments to be inspected and the scheduled dates of inspections. This must be shown to the owner/operator of the establishment beforc any inspection is conductcd. The immcdiate supcrvh;or of the inspector shall monitor the enforcement of the mission ordcr. 8.3.3 Sanitary inspection conducted without a mission order is prohibited. 8.3.4 The owner/operator of the establishment shall report to the local hcalth officer or chief of sanitation division/section/unit any unauthorized inspection that was cxecutcd. 20 8.5 8.6 8.4. 1 8.4.2 T~e sanitation inspector shall wear the prescribed ·r f . wllh the proper identification card while conduct1·11gunth1 o~11 o the office e 111spect1on. :~:~~~:~:~k:s~~:e. bring ~li the equip~1ent and supplies needed in the measuring tape cam:~~~1~1 fon11s, chpboard, thermometer, flashlight, . ' ' tg t meter, water pressure aa · d 1 chlorme and pH comparator kits blackli h o u?e,. res1 ua regulations, standards d h, g t, copy of the samtat1on laws, . . an ot er reference matenals needed in the mspect1on. Frequency oflnspection Inspection of establishments, premises or faciliti, . at least once every three (3) months. es covered herem shall be ..:onducted Recording of Inspection 8.6.1 8.6.2 8.6.3 8.6.4 !he sa'.1itary engineer/sanitation inspector shall keep a record f li Il~r;;:ons or evaluation reports in an inspection fom1 (EHS Fom~ Nao. The sanitary engineer/sanitation inspector shall furnish th . . l of such report to the operator/owner of the establishm te ongrna copy en. Demerits entered in the · 1 . a· h . appropnate co umn of the inspection fon11 shall ~:d1:::u~a:i~~:. Item does not conform to the requirements of these ru les a. The inspection fom1 has twent (20) . • a· . Y Items. Non-complying items are m 1cated wlth an (X) E h • . f . · very suc Item 1s weighted with a demerit d o 5. ~he ratmg of the establishment is therefore 100 less (number of ements x 5) The result is d . expresse as a percentage (%) rating. Sanitation Standard a. b. The percentage rating has an equivalent sanitation standard a!; follows· Percentage Rating Sanitation Standard Color Code 90- 100 % Excellent Luminous Green 70- 89 % Very Satisfactory Luminous Yellow 50- 69 % Satisfactory Luminous Red ::abhshment, premises or facility with percentage rating below 50% li be recommended for suspension of operation until compliancc. 21 8.7 8.8 8.6.5 C. The Sanitation Standard Rating Sticker (SSRS) (EHS form ~o. 104 A/C) shall be posted in a conspicuous part of the e~tabhshment, preferably at the door, for guidance of the general public. lt sha!l be updated once every three (3) months, unless revoked earher. The average sanitation standard of every est ablis h1?~nt shal! be ev~luated bv the local health officer/chief of the samtat1on d1v1s1on/sect1on/u~1t every c;id of the vear to detennine its improvement/maintenance of ratmg. Report of Inspection 8.7.l 8.7.2 8.7.3 The sanitary engineer/sanitation inspecter who conducted the '.nspect'.on shall complete the sanitary inspection report, and wheneve: an mspection form issued indicatcs non-complying items, he shall nottfy the ow~er/ operator of the corrections to be made and indicate a reasonable penod for its compliancc. a. b. The recommended corrective measures shall be specific i'.1 nature for the easy understanding of the owner/operator of the establishment. Reasonable period for compliance or grace period shall be inclusive of Saturdays, Sundays and holidays. The sanitary engineer/sanitation inspecter who cc-nducted the inspection shall likewise prepare a sanitary order (EHS Form No. 1?7) for a?~r~val by the city or municipal health officer or chief of the samta11on d1v1s10n/ section/unit, as the case may be. Within 48 hours after the inspection or evaluation, the ~riginal copy of the inspection report (EHS Form No. 103-B) and the sanHary ordcr shall be furnishcd and acknowledged by the holder of the samtary pennll or the owner/operator of the establishment. The inspection r~port s(rnll be persona Il y delivered, or shall be sent thrcugh the postal service, registered with return card. Re-inspection 8.8.I 8.8.2 If upon rc-inspection of the establishment after t?e deadlinc, the sa nitary cngincer/sanitation inspcctm find~ that the correcllon has not been ef~ect~d, be shall report to the health offlcer who shall rec~mmcnd to the local health authority the revocation of the sanitary permit. A copy of the inspection form and any notice serv~d shall, i~ ail ca~es be filed and kept by the local health office and be available for mspectlon by authorized officiais. 22 8.9 8.10 Service of ;\oticc 8. 9. l Whenever an inspection or eva!uation fonn indicates non-complying items, the city/municipal health officer shall serve to the owner/operator of the establishment a sanitary order requiring him, within the grace period stated in the order, to take such remedial action as may be specified therein. 8.9.2 In the event of non-compliance with the tenns of the first sanitary order by the owner/operator, the city/municipal health officer may serve a second notice: a. Second Sanitary Order i. If the owner/operator of the establishment needs additional time to comply with the first sanitary order, he shall request the city/ municipal health officer in writing, prior to the expiration of the sanitary order, for an extension of the grace period. The city/ municipal health officer, upon the recommendation of the sanitary engineer/sanitation inspecter who conducted the inspection, will act on such request. ii. Notice of Hearing (EHS Form No. 118). The city/municipal health officer shall call the owner/operator of the establis11ment to show cause, at a tirne and place stated in the notice, why the pennit issued to the establishment shall not be revoked. Revocation of Permit 8.10.1 After prior notice and hearing as provided above, the City/municipal health officer, if satisfied that the tenns of the two notices have not been complied with or that failurc to comply therewith is not excusable, shall recommcnd to the local health authority the revocation of the said pem1it, or; 8.10.2 After the second sanitary order on an extended grace period, a re-inspection was conducted and still the owner/operator of the establishment foils to comply with such order as reportcd by the sanitary engineer/sanitation inspecter, the city/municipal health officcr shall recommend to the local health authority the revocarion of the sanitary permit without dclay and shall inform other related agcncies of the city/ municipality of such revocation. 8.10.3 Lifting of suspension of pennit may be recommended by the local health officer to the local health authority whenever the owner/operator of the establishment complies with the notices. 23 8.11 8.12 8.13 8. l4 8. 10.4 The owner/operator of the establishment may fi le a motion for reconsideration to the local health authority if he is not satisfied with the action of the city /municipal health officer. 8. lü.5 The local health authority may file court proceedings against any establislunent continuously operating after the revocation of its permit. Summary Suspension of Permit Whenever the city/municipal hcalth officer finds unsanitary or unhealthy conditions in the operation of an establishment which in hisjudgement constitute a substantial hazard to public health, the local health officer may recommend to the local health authority the immcdiate suspension of the sanitary permit. Any person ta whom such order is issued may file a written pctition and shall be afforded a hearing within 48 hours. Appeals The person or panel conducting the hearing may confirm, modify or reverse the decision appcaled frorn which decision shall be final. Power of Entry Any sanitary engineer/sanitation inspector or duly authorized officer of the Department of Health or of the provincial, municîpal or city health office, upon presentation of proper credentials may at ail reasonable limes enter into any establishment, premises or facility used for any of the purposes referred to in these rules and regulations for the purpose of inspection or any other action necessary for administration of these rules and regulations. 8.13.1 Sanitary inspections shall be conducted by officiais in accordance with section 8.3 of these rules and regulations. 8.13 ,2 Sanitary inspections shall be clone preferably during the lime while the establishment is in operatîon. Hearings The local health authority may conduct hearings regarding erring establishments to include appeals from establislunents, The decision of the local health authority shall be deemed final and executory. 24 SECTIO:\ 9. lŒSPU'.\SlHILll\ 01: THL Ul'ElC\lUH. The operator shall: 9.1 9.2 9.3 9.4 Secure sanitary permit from the local health office before operating the establishment, premises or facility; Post the Sanitary Permit and Sanitation Standard Rating Sticker (SSRS) in a conspicuous part of the establishment; Renew the sanitary permit as prcscribed; Prevent the escape of pollutants from the establishment, premises or facility by installing pollution control dcvices; 9.5 Employ only workers with up-to-date health certificate; 9.6 9.7 Assist the local health office in the evaluation and inspection of the establishment, prcmises or facility; Submit regular reports to the local health authority through the local health officer; 9.8 For proposed development projects or projects for expansion classified under health sensitive projects and health sensitive project location, secure the necessary clearances/permits from appropriate national govemment agencies; and 9.9 Comply with the provisions of these implementing rules and regulations. SECTION 10. RESPONSIBILITY OF THE REGIONAL HEALTH DIRECTOR The regional health director shall: 10.1 10.2 10,3 10.4 Assign technical staff or reviewers who shall assess/evaluate the Initial Health Examination (!HE) component of the IEE for projects classified under health sensitive project location; Approve the Environmental Health Assessment Report (EHAR) for projects in healtb sensitive location; Cause the transmittal of the EHAR or the request for additional infonnation from the project proponent to the DENR Regional Office; Coordinate with the DENR Regional Office and other regional offices of national govemment agencies in relation to the implementation of the EHIA process and its integration with the EIS System at the regional level; and 25 l 0.5 Review and approve the Health and Safety Management Plan stt'.Jmitted for projects not covcred by the EHIA process. SECTION 11. RESPONSIBILITY OF THE LOCAL HEALTH AUTHORITY The local hcalth authority shall: 11.2 11.3 11.4 .. Initiale and enforce local zoning ordinance; Ccrtify the passing of an ordinancc consistent to thcse rulcs and regulations and to strengthcn its cnforccmcnt; Suspend or stop the opcration of establishments violating the provisions of these implemcnting rulcs and rcgulations; Providc neccssary supplies, materials and equipmcnt and other logistic support to the local health office for use in the conduct of cvaluatlon, inspection and monitoring of establishments covered by thcsc implemcnting rules and regu!ations; and 11.5 Enforcc the provisions of these implementing rules and regulations. SECTION 12. RESPONSIBILITY OF THE LOCAL HEALTH OFFICER The local health officer shall: 12.l 12.2 !2.3 12.4 12.5 12.6 12.7 12.8 [nspect or cause the inspection and evaluation of establishments, premises and facilities to ascertain their compliance to these implementing ru les and regulations; Act on complaints against establishments, premises and facilities emitting or discharging pollutants and institute necessary measures to prevent the spread of diseases from such pollutants; Monitor accidents and sickness of workers in establishments, premises and facilities; Issue the sanitary permit for establishments and the health of workers; Rcquirn the posting of the sanitary permit in a conspicuous place of the establishment; lrnplement the posting of the SSRS for the guidance of the general public; Recommend to the local health authority the temporary or permanent closure of establishments violating the provisions ofthese implementing rules and regulations. Assis! the DOH in the implementation of EHIA process; and !2.9 Enforce the provisions of these implementing mies and regulations. 26 SECTIO.\ 13. PE,\AL PROVISIO.\S 13. l 13.2 Any perso~ ~ho shall violate, disobey, refuse, omit or neglect to comply with any of the prov 1s1 ons of these rules and regulations shall be guilty of misdemeanor and upon conv1ct1on shall be punished by imprisonment for a period not exceeding six (~) mo!Iths or by a fme not exceeding Php 1,000.00 or both depending on the d1scret1on of the court. Any perso~ who shall interfere with or hinder, or oppose any officer, agent or mem be~ ot t!1e Depart1~~nt of Health or of the bureaus and offices under it, provincial, c11y or mu111c1pal health officers, sanitary engincers and sanitation mspcct?rs m the pcrfonnanec of his duty as providcd for undcr thcsc rules and r~~ul~l!ons, or sha!l te~r down, mutilate, dcface or alter any placard or notice att 1xcd to tl~c prem1ses m the enforcement of thcsc rules and regulations shall be g~n!ty of mtsdem~ano~ and punishable upon conviction by imprisonment for a pcnod not e~ceedmg six (6) months or by a fine not exceeding Php 1,000 00 or both de pend mg on the discrction of the court. SECTION 14. SEPARABILITY CLAUSE ln the event that a ny ru Ie, section, paragraph, sentence, clause or word ofthese implcmenting rules and regulauons 1s declared invalid for any reason, the other provisions thereof shall not be affected thereby. SECTION 15. REPEALING CLAUSE Ail rules and re~ulations that are inconsistent with the provisions of these implementing rules and regulations are hereby repealed or amended accordingly. SECTION 16. EFFECTJVITY !hese rul~.and regulations shall take effect after fifteen (15) days from the date of publication m the official gazette or a newspaper of general circulation. Approved on this 16'h day of April nineteen hundred ninety eight, Manila, Philippines. tt~l,\.•~~IAe,;,,. CARMENCITA NORIEGA-REorf1~:. ~~D., M.P.H., CESO II Secretary of Health Date of Publication: 10 June 1998 Philippine Daily Inquirer 27 Wtthin 30 days Within 15 days Annex l Environmental Health Assessment Report Flowchart for Health Sensitive Projects Scoping DENR-EMB provides EIS to OOH-EHS DOH-EHS reviews the EIS EHS Oirector Approval of the EHAR Submission of EHAR during EIA Review Committee Meeting DENR lssuance/Non-lssuance of ECC 28 1.nform proponent through EIAReview Committee Proponent submits additional health information required Within 14 days Within 7 days ..--..,uu ... -.. Environmental Health Assessment Report Flowchart for Health Sensitive Project Location DENR-RO provides IEE with IHE to DOH-RHO DOH-RHO reviews IEE with IHE Need for Addition al Health Information Regional Health Director Approval of the EHAR Submission of EHAR to yes DENR-RO lssuance/Non-lssuance of ECC 29 lnform pràponent through the DENR-RO Proponent submits additional health information required ACKNOWLEDGEMENT The Department of Health gratefully acknowledges the invaluablc contributions of Dr. Mario C. Villaverde, Director of the Environmenta! Health Service, for his role in the conceptualization, planning, editing, and production of this document. The agency also wishes to thank ail the Environmental Health Service technical staff in Plans, Programs and Policies Development Section for their valuablc assistance in the refinement of this document. Special thanks are extended to the following agencies, associations, and organizations for their many useful suggestions and insights that were beneficial in the completion of this document: 1. " Metro Manila Development Authority, Makati City 2. Philippine Society of Sanitary Engineers, Inc., Manila 3. Department of Environment and Natural Resources, Baguio City, Davao City, Iloilo City, NCR, Mountain Province 4. Department of Agriculture, Davao City, Iloilo City 5. Department ofTrade and Industry, Davao City, Iloilo City 6. National Meat Inspection Commission, Quezon City, CAR-Baguio City, Davao City, Iloilo City 7. Department of Labor and Employment, CAR Baguio City, Iloilo City 8. Bureau of Animal Industry, Quczon City 9. Philippine Information Agency, Iloilo City 1 O. Office for Public Health Services, Department ofHealth, Manila l l. Office for Legal Aff airs, Department of Health, Manila 12. Health Policy Development Staff, Department ofHea!th, Manila 13. Department of Health Regional Offices 14. Provincial Health Offices of Misamis Oriental, Davao Oriental, Misamis Occidental, Davao del Sur, Aklan, Capiz, Antique, Guimaras, Ilocos Sur, Aurora, Zambales l 5. City/Municipal Health Offices of Cagayan de Oro, Davao City, Gingoog City, Oroquieta City, Bacolod City, Sagay City, La Carlota City, Cadiz City, San Carlos City, La Trinidad-Benguet, Cavite City, Makati City, Quezon City l 6. Engr. Simon M. Cuevo, City Health Department, Manila 17. City Veterinarian Office, Baguio City l 8. Soiltech, San Fernando City, La Union 19. Benguet Mining Corporation, Baguio City - - -------- 20. 21. 22. 23. 24. 25. 26. 27. 28. liKK Fann, Davao Cay Davao Fresh Food Corporation, Davao City Claudio Poultry Farm, Davao City Piggery Association, Baguio City Bacnotan Steel Corporation, San Fernando City, La Union Ecano Meta! Craft, Manila Pangasinan Faon, Dagupan City San Miguel Corporation, Bacolod City Formix Feeds, Iloilo City The agency al:o highly appreciates the assistance of the following DOH personnel who compass1onately nurtured the spirit of collaboration in the final review and approval of these IRRs: l. Dr. Antonio S. Lopez Undersecretary of Health Office for Public Health Services 2. Atty. Agustin C. MangUa V Director III Office for Legal Affairs 3, Ms. Myleen Meniado-Beltran Officer-in-Charge Health Poligy Development taff !he De?art~ent of ~ealth enjoins ail agencies especially the Local Government xe cutives m meeting the demands and challenges for a healthful living Penh:l'.ro?men2t as we enter our journey for economic development towards 1 1ppmes 000. ai~ ..,,..·~1 ... e,;,.. CARMENCITA NORIEGA-REb~1~;,"M,D.,M.P.H. CESO II Secretary of Health '