Philippine Clean Air Act of 1999

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Philippine Clean Air Act of 1999

CHAPTER 1: GENERAL PROVISIONS
Article One: Basic Air Quality Policies
SECTION 1. Short Title. - This Act shall be known as the "Philippine Clean Air Act of 1999". SECTION 2. Declaration of Principles. - The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems. The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based. The State also recognizes the principle that "polluters must pay". Finally, the State recognizes that a clean and healthy environment is for the good of all and should therefore be the concern of all. SECTION 3. Declaration of Policies. - The State shall pursue a policy of balancing development and environmental protection. To achieve this end, the frame work for sustainable development shall be pursued. It shall be the policy of the State to: a. Formulate a holistic national program of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities; b. Encourage cooperation and self-regulation among citizens and industries through the application of market-based instruments; c. Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution; d. Promote public information and education and to encourage the participation of an informed and active public in air quality planning and monitoring; and e. Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity. This shall include the setting up of a funding or guarantee mechanism for clean-up and environmental rehabilitation and compensation for personal damages.

SECTION 4. Recognition of Rights. - Pursuant to the above-declared principles, the following rights of citizens are hereby sought to be recognized and the State shall seek to guarantee the enjoyment: a. The right to breathe clean air;

b. The right to utilize and enjoy all natural resources according to the principles of sustainable development; c. The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and in the decision-making process; d. The right to participate in the decision-making process concerning development policies, plans and programs projects or activities that may have adverse impact on the environment and public health; e. The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous substances; f. The right of access to public records which a citizen may need to exercise his or her rights effectively under this Act; g. The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and to seek the imposition of penal sanctions against violators of environmental laws;and h. The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a project or activity.

Article Two: Definition of Terms
SECTION 5. Definitions. - As used in this Act:
a.) "Air pollutant" means any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the inert gases in their natural or normal concentrations, that is detrimental to health or the environment, which includes but not limited to...
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