DENR ADMINISTRATIVE ORDERNO. 26

SERIES OF 1992

Engr. Mario N. Bulacan

Head Executive Assistant-EMB XI

Subject: Amending Memorandum Circular No. 02 Series of

1981: Appoinment / Designation of Pollution

Control Officers

Legal Background:(as Amended)-paragraph 3 of Letter of Instruction No. 588, dated August 19, 1977-By virtue of PD 984 dated August 18,1976-Executive Order dated June 10, 1987-Memorandum Circular No. 02 Series of 1981 of the NPCC

DAO No. 26Section 1. Objectives- Enforcement of Pollution Control Decree of 1976 otherwise known as PD 984-Linkages a. DENR b. Industries c. Local government agencies

Section 3. Appointment/Designation of Pollution Control Officers (PCOs)

Section 4: Qualifications of Pollution Control Officer

A. Basic Qualifications:-Filipino Citizen-Good Moral Character-Mentally & Physically healthy-Legal age

B. Professional Requirement

1. Water Pollution Control System-Operating WTP w/ highly concentrated or toxic or voluminous wastewater preferably a registered Cheminal, Mechanical, Mining or Sanitary Engineer, and any registered engineer w/ master's degree in Environmental Engg or related field

2.Air Pollution Control System-For operating air pollution facilities w/ complex devices to control air pollutants from toxic, hazardous and/or highly pollutive plants, preferably Chemical or Mechanical Engineer

3. Treatment for Toxic and Hazardous Wastes:

-operating treatment systems for toxic and hazardous solid waste, preferably registered Chemical Engr or Chemist

4. Small or Simple Works-operating small or simple works, facilities or mechanical control devices such as septic tanks, simple works to treat domestic sewage, expansion chambers, facilities for non-toxic solid waste, the officer could be any knowledgable technical person w/ basic training in pollution control.

Section 5: Duties and Responsibilities of an Accredited Pollution Control Officer1. Attend to the requirements2. Monitor the activities3. Supervise the proper operation4. Report the breakdown of PCF5. Submit Periodic Reports (SMR)6. As liason Officer with the Dept

7.Attend meetings for PCOs w/c may from time to time be called by the Dept8. Facilitate compliance9. Recommend to the management10. Handle other matters of environmental concern as required by his employer

Section 6: Employment Status

-PCOs shall be employed on a full time basis except in firms not meeting the category or having lower capacities and/or discharge volume than those listed in Annex “B” where a part-time PCO may be appointed designated or employed

Section 7: Perioidic Reporting

-All accredited private PCOs shall submit a periodic report to the Dept every quarter, or as often as maybe required, based on the operation and maintenance of pollution source and control facilities concerned.

Section 8: Accreditation of PCOThe accreditation shall be based on the qualifications set forth in Section 4a. The company/LGU shall apply for the accreditation of its appointed or designated PCO at the Dept within 30 days from the date of designation and/or appointment, or any date prescribed by the Dept.

b. The Secretary or duly designated official of DENR shall approve /disapprove the accreditation of the appointed / designated PCO within 30 days from the receipt of application.

c. As proof of approval, “Certificate of Accreditation” shall be sent to the firm and the PCO. The PCO shall required to attend an orientation program according to Section 12 of this Order

d.For disapproved applications the Dept shall officially inform the firm of the reason(s) and direct said firm to submit deficiencies and/or appoint another PCO

Section 9: Categories of PCOsa. PCO 1(1) Responsibility/Restriction- Single establishment and less pollutive firm as enumerated in Section 5

(2) Additional Requirement-qualification set forth in Section 4, the applicant PCO 1 should have attended at least 1 training / seminar/workshop sanctioned by the Dept within the past 3 years

REQUIREMENTS FOR PCO 1 ACCREDITATION

1. Transmittal letter addressed to the RD

2. Duly signed Appoinment or Designation of the PCO

3. Bio-Data of the PCO

4. Copy of College Diploma/Transcript of Record/Prof.License

5. Copy of Certificate of Participation/Attendance to trainings and seminars relevant to the function as PCO

b. PCO 2(1) Responsibility/Restriction-Single establishment and more pollutive firm and/or as defined in Section 4 as determined by Dept

(2) Additional Requirement-qualification set forth in Section 4, the applicant PCO 2 should have attended at least 5 trainings / seminar/workshop sanctioned by the Dept within past 8 years

REQUIREMENTS FOR PCO II ACCREDITATION

1. Transmittal requirments for Level II PCO Accreditation

2. Photocopy of PCO Accreditation I

3. Photocopy of 5 Certificates of Participation to PCO Adnavce Courses

c. PCO 3(1) Responsibility/Restriction

-Shall be responsible for the performance of the pollution control systems, i.e. combination of treatment system as defined in Section 4, and classified as highly pollutive or to an establishment with 2 or more plant locations where every plant location has designated/accredited PCO or as determined by the Dept

(2) Additional Requirements

-qualifications set forth in Section 4, the applicant PCO 3 shall be a registered chemist, chemical, mechanical, mining, sanitary engineer or any registered enginer w/ at least 18 units in graduate course in environmental engg or any related fields, and attended at least 10 trainings/seminars / workshops on sanctioned by the Dept within past 12 years

Section 10: Accreditation of Environmental Units-Corporation with Environmental Units may request the Dept for accreditation. The following functions:

1.Supervise all PCOs of the Corp.2. Represent the PCOs3. Formulate envtl programs for the Corp.4. Other functions as may be allowed by the Dept.

Section 11: Transitory Tenure of Accreditation

-Upon effectivity of these guidelines, a transition period of 2 years may be given to establishment whose current PCOs do not meet the required category. As such, their accreditation is temporary in nature and shall be subject to automatic revocation by the Dept if conditions warrant such decision.

Section 12: Organization and Orientation Programs

-In order for PCOs to effectively carry out their functions, the Dept shall conduct from time to time appropriate orientation and/or training courses to keep them abreast with recent pollution control laws, rules and regulations, policies and programs, and technologies.

-Any establishment failing to designate/appoint PCO shall be fined or penalized in accordance with Section 106 of the NPCC Rules and Regulations or Section 9 of PD 984.

-Accredited PCOs are encouraged to organize themselves at the provincial, regional and national levels for effective coordination with government and activities.

Section 13: Revocation and Suspension of Accreditation of PCOs – The following shall be considered as violations of PCOsa. Submission of false documents and/or reportsb.Failure to perform the functionc.Verifiable negligence of the PCOd. Suspension of the PCO more than once

The following actions shall be taken with regards to the abovementioned violations by a PCO:

1.First Violation – Strict warning2.Second Violation – revocation of accreditation

An accreditation is suspended due to the following circumstances:

1.Establishment has a pending pollution case due to negligence on the part of PCO, and

2.Uncooperative attitude of the PCO.-In the event that the PCO is under suspension, the firm is held responsible designating a temporary substitute within 1 week from receipt of suspension notice.

Updates on EMB RXI policies and regulations:

1. Approval of the designation of One (1) Pollution Control Officer assigned to all Cellsites owned by the company w/in RXI provided with standby Generator Set

2. Removal in the checklist the additional attachment of receipts, seminars certificate of attendance attended upon applying new and renewal of POA and WDP permits

3. Approval of permit/s to firm's compliant to EMB Laws, rules and regulations. However, failure to meet one of the standards of the specified EMB Law (RA 8749, RA9275, RA 6969, and RA 9003) is sufficient ground for the permit be held and abeyance until such time it complies and the resolution of the case.

4. Fast releasing of permits

5. Encourage the categorized industry PCO seminar

ANNEX A:

INDUSTRY CLASSIFICATIONS REQUIRING THE SERVICES OF ACCREDITED POLLUTION CONTROL OFFICERS:

1.Livestock Production2. Mining a) Metallic b) Non-metallic3. Food Mnfg a) Slaughtering b) Rice, Corn and Flour Milling c) Vegetable and Animal Oil Processing d) Sugar Milling/Refining e) Animal Feeds Mnfg f) Miscellaneous Food Mnfg4. Beverage Manufacturing a) Distillery b) Brewery and Winery c) Carbonated Drinks Mnfg5. Tobacco Mnfg

6. Textile Mnfg a) Carpets and Ropes Mnfg b) Miscellaneous Textile Mnfg7. Leather and Leather Products8. Wood Processing Plant a) Sawmill/Lumber Mill b) Miscellaneous Wood Processing9. Paper and Paper Products10. Chemical and Chemical-Based Products11. Non-Metallic and Mineral Products a) Ceramics c) Cement b) Glass d) Miscellaneous Non-Metallic Minerl Products

12. Metal Industries a) Iron and Steel b) Non-Ferrous c) Fabrication d) Machinery Products e) Electrical Appliance and Supplies f) Transportation Manufacturer/Repair g) Miscellaneous Metal Industries

13. Electricity, Gas a) Electricity Generation and Distribution b) Gas Liquid Fuel Manufacture

14. Pharmaceutical Industries

15. Electronics Industries

Note:

Other industrial classifications not listed above which are potential /actual sources of pollution shall require the services of accredited Pollution Control Officers.

ANNEX B

FIRMS THAT SHOULD HAVE FULL-TIME POLLUTION CONTROL OFFICER

1. Those with wastewater discharge volume of 100 cu.m./day or more2. Those with total capacity equal or more than

a) Steam Boilers and Oil Heaters

Rated Hp kg/hr cap. Kcal/hr kcal/hr (steam) (steam) (Oil) 400 Hp 6,273 3,374 3,000

b) Other Fuel-burning Instalations

Grate Surface Solid Fuels Oil Gas Area, sq.m. Kg/hr Li/hr cu.m./hr 3.5 473 473 474

d) Incinerators

Grate Surface Area (sq.m.) Capacity (Kg/hr) 3.5 475

e) Air Pollution Control Installations

Capacity Equal to or more than 257 cu.m./min

f) Process Equipment

Raw materials rated capacity = 10 MT/hr

g) Odorous raw materials

Rated Capacity = 1,000 kg/hr

THANK YOU....