DENR ADMINISTRATIVE ORDER 2014 – 02 REVISED GUIDELINES FOR POLLUTION CONTROL OFFICER ACCREDITATION

SUBJECT: Revised Guidelines for Pollution Control Officer Accreditation

Pursuant to Paragraph 3 of Letter of Instructions (LOI) 588 (Designation of a Pollution Control Officer by All Entities Discharging or Emitting Substances) dated 19 August 1977 and Executive Order 192 (Providing the Reorganization of the Department of Environment, Energy and Natural Resources; Renaming it as the Department of Environment and Natural Resources) dated 10 June 1987, Presidential Decree (PD) 1586 (Establishing an Environmental Impact Statement System Including Other Environmental Management Related Measures and for Other Purposes), Republic Act (RA) 6969 (Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990), RA 8749 (Philippine Clean Air Act of 1999), RA 9003 (Ecological Solid Waste Management Act of 2000), and RA 9275 (Philippine Clean Water Act of 2004); and their respective Implementing Rules and Regulations (IRR), the Guidelines for Pollution Control Officer (PCO) Accreditation are hereby revised.

Section 1. Basic Policy. It is the policy of the State to pursue a policy of economic growth in a manner consistent with the protection, preservation and revival of the quality of our fresh, brackish and marine waters.

Sec. 2. Objectives. This Administrative Order shall have the following objectives:

a. To effectively enforce RA 9275 by establishing linkages among the (1) Department of Environment and Natural Resources, (2) industrial establishments which are potential and actual sources of pollution, and (3) local government agencies; and,
b. To carry out the national policy of maintaining a reasonable quality of the environment.

Sec. 3. Scope and Coverage. This Order shall cover the accreditation of PCOs of establishments that discharge solid, liquid, or gaseous wastes to the environment or whose activities, products, or services are actual and/or potential sources of land, water, or air pollution. This Order shall likewise apply to local government units (LGUs), development authorities, government-owned and controlled corporations, and other public establishments.

Ambulant vendors and stall owners as defined under RA 6977 (An Act to Promote, Develop, and Assist Small and Medium Enterprises Through the Creation of a Small and Medium Enterprise Development (SMED) Council, and the Rationalization of Government Assistance Programs and Agencies Concerned with the Development) as amended by RA 8289 (An Act to Strengthen the Promotion and Development of, and Assistance to Small and Medium Scale Enterprises, amending RA 6977, otherwise known as the Magna Carta for Small Enterprises), and materials recovery facilities (MRFs) operated by barangays that do not handle hazardous wastes are exempt from the coverage of this Order.

Sec. 4. Definition of Terms

For the purposes of this Order, the following terms shall have the following meanings:

a.    Ambulant Vendors - either itinerant or semi-static. Itinerant vendors are those who go around shouting their ware while semi-static vendors are those who are in semi-fixed positions but may move about as the situation necessitates.

b.    Department - Department of Environment and Natural Resources.

c.    DENR Administrative Order 1990-35 - Revised Effluent Regulations of 1990.

d.    DENR Administrative Order 2000-03 - Interim Implementing Rules and Regulations of RA 8749.

e.    DENR Administrative Order 2004-36 - the Procedural Manual Title III of DENR Administrative Order1992-29 "Hazardous Waste Management."

f.     Economic Activity - the activity of the establishment as classified under the Philippine Standard Industrial Classification. The main activity of the establishment is the establishments principal source of income.

g.    Environmental Aspect - the element of an organizations activities or products or services that can interact with the environment (ISO 14001 definition).

h.    Environmental Impact - any change to the environment, whether adverse or beneficial, wholly or partially resulting from an organizations environmental aspects (ISO 14001definition).

i.      Environmental Incident - an incident that has caused, or has the potential for causing pollution to the environment.

j.      Environmental Management - the entire system which includes, but is not limited to, conservation, regulation, and minimization of pollution; waste management; environmental law and policy; environmental education and information; study and mitigation of the environmental impacts of human activity; and environmental research.

k.    Environmental Management System - part of an organizations management system used to develop and implement its environmental policy and manage its environmental aspects (ISO 14001 definition).

l.      Establishment - a recognizable economic unit under a single ownership or control, i.e., under a single legal entity, which engages in one or predominantly one kind of economic activity at a single physical location. This includes industrial, commercial, and institutional establishments.

m.  Highly Urbanized Cities - cities with a minimum population of two hundred thousand(200,000) inhabitants as certified by the National Statistics Office, and with the latest annual income of at least Fifty Million Pesos (Php 50,000,000.00) based on 1991 constant prices, as certified by the city treasurer.

n.    Installation - a system of machinery or other apparatus set up for use.

o.    Letter of Instruction 588 - the Designation of a PCO by All Entities Discharging or Emitting Pollutants.

p.    Managing Head - the highest executive officer of the establishment (i.e. President, General Manager, Factory/Plant Manager, Managing Director, Managing Partner, Chief Executive Officer, or Local Chief Executive).

q.    Memorandum Circular (MC) 2007-003 - the Policy on Compliance and Permitting for Industrial Facilities Relating to Air Quality.

r.     Organization - a group or association of individuals who are joined together either formally or legally. This includes a corporation, government, partnership and any type of civil or political association of people.

s.    Pollution Control Facility - any structure, including, but not limited to, contrivance, facility, system, device or mechanism which can adequately control and/or abate liquid or gaseous wastes or sound pollution within allowed quality of standards of the Department.

t.     Pollution Control Officer - a technical person competent in pollution control and environmental management, performing the duties and responsibilities in a particular establishment and officially accredited by the Environmental Management Bureau (EMB) Regional Office to perform such responsibilities.

u.    Pollution Source - a process, equipment, or facility installation that discharges solid, liquid, or gaseous wastes to the environment.

v.    Regional Director - the Director of the EMB Regional Office.

w.   Secretary -the Secretary of the Department of Environment and Natural Resources.

x.    Technical Conference -a meeting between the EMB Regional Office and the respondent with or without the presence of a complaint for the purpose of discussing/clarifying particularly environmental concerns, pollution prevention commitment and appropriate technical solutions, and/or remedial measures for the prevention, abatement, or mitigation of pollution.

Sec. 5. PCO Accreditation Based on Categorization of Establishment. PCOs shall be accredited based on the categorization of establishments. This categorization shall define the needed qualifications of PCO as prescribed in Section 6.0 of this Order. Establishments shall be categorized as Category A or Category B based on the criteria indicated in Table 1.

Sec. 6. Qualifications Requirements for PCOs

1) Basic Qualifications:
a. Filipino citizen, of legal age, with good moral character, and mentally and physically healthy;
b. Full-time employee of the establishment where he/she is being appointed/ designated as PCO;
c. Has completed the Basic PCO Training Course by an EMB-recognized training
organization/institution within the last three (3) years.

2) Minimum Competency Requirement. Any of the following competency requirements shall be considered:

a. For Category A establishments
· Graduate of any related technical course
· Had reached third year in tertiary level education
· Had been with the establishment for at least three (3) years in a supervisory position or in a responsible position or equivalent experience.

b. For Category B establishments
· Licensed engineers/chemists with at least two (2) years relevant experience in environmental management
· Professionals in the field of engineering or physical and natural sciences with at least three (3) years relevant experience in environmental management
· Other professionals of appropriate discipline with at least five (5) years relevant experience in environmental management.

Sec. 7. Appointment/Designation of PCOs. The Managing Heads of establishments, LGUs and other government institutions that discharge solid, liquid, or gaseous wastes to the environment or whose activities, products, or services are actual and/or potential sources of land, water, or air pollution shall appoint/designate and seek accreditation for their PCO. Provided, that no PCO shall serve as such for more than one establishment.

A store manager, retail station manager, or building administrator of, but not limited to, fast-food stores, gasoline stations, and condominiums may be designated as PCO provided he/she possesses the minimum competency requirements for Category A Establishments in accordance with Section 6.0 of this Order.

Owner/manager regardless of professional qualification may be designated as PCO for Category A Establishments provided he/she possesses the Basic Requirements in accordance to Section 6.0 of this Order.

7.1 PCO for Companies with Multiple Installations. For companies with multiple installations (e.g. telecommunication companies, transmission substation, distribution substation, water pumping station, sewage/septage treatment facilities, etc.) at different locations or regions, a minimum of one PCO per region shall be required by the Regional Director. For regions with Highly Urbanized Cities (HUC), an additional one PCO per HUC shall be required by the Regional Director.

For each installation with wastewater discharge greater than 30 m3/day (DENR AO 35, series of 1990) or emission that requires testing per EMB MC 2007-003, a separate PCO shall be required by the Regional Director.

7.2 PCO for LGUs and Other Government Institutions. Government institutions and LGUs that operate establishments but not limited to slaughterhouses, public markets, and hospitals and whose activities necessitate the appointment/designation of a PCO under Section 7.0 of this Order shall appoint/designate a PCO.

Sec. 8. Accreditation of PCOs. The Managing Heads of establishments, LGUs and other government institutions shall apply for the accreditation of their appointed/designated PCO at the concerned EMB Regional Office within fifteen (15) calendar days from the date of appointment/designation. The accreditation shall be based on the qualifications set forth in Section 5.0 of this Order and shall observe the following:

1) The Managing Head, or his/her duly authorized representative, shall submit to the concerned EMB Regional Office the following requirements for the accreditation of his/her PCO and pay the processing fee in the amount of Php500.00 to the concerned EMB Regional Office:

· Letter of appointment/designation as PCO of the establishment
· Curriculum vitae with ID Picture of the appointed/designated PCO;
· Notarized Affidavit of Joint Undertaking of the PCO and the Managing Head;
· Proof of the appointees qualification such as Certificate of Training of Basic PCO Training; and
· For Category B Establishments, include the valid Professional Regulation Commission license, if applicable.

For the Managing Head of establishments, eight (8) hours training on environmental management covering the basic environmental laws, rules and regulations and the duties and responsibilities of the PCO as provided in Section 10.0 of this Order.

2) The Regional Director shall act on the application for accreditation of the appointed/designated PCO within fifteen (15) calendar days from receipt of the application.

· For approved applications, the RD shall issue the Certificate of Accreditation containing, among others, the responsibilities and accountabilities of the PCO and the Managing Head of establishments.

· However, for disapproved applications, the RD will officially inform the establishment of the grounds for disapproval. Within thirty (30) calendar days from the date of disapproval of the application for accreditation, the Managing Head of establishments shall submit the required deficiencies or appoint/designate another PCO.

3) The EMB Regional Offices shall prepare a database of its accredited PCOs and shall furnish the EMB Central Office for consolidation and documentation.


Sec. 9. New PCO in Case of Resignation or Termination. In case of resignation or termination of the services of the PCO, the Managing Head shall appoint/designate a new PCO. He/she shall inform, in writing, the concerned EMB Regional Office within fifteen (15) calendar days and seek accreditation for the new PCO within thirty (30) calendar days from the date of resignation or termination.

The Managing Head shall immediately assume the responsibilities as interim PCO until such time that a new PCO shall have been accredited. In case the Managing Head of the establishment is of foreign nationality, the next highest ranking Filipino Officer shall assume the responsibilities of the PCO.

The accreditation of a PCO who has resigned or been terminated shall be considered automatically revoked upon his/her resignation or termination. A new accreditation shall be secured from the concerned EMB Regional Office if the PCO transfers and assumes the PCO position in another establishment.

Sec. 10. Duties and Responsibilities of Accredited PCOs. The accredited PCO shall perform the following duties and responsibilities:

1) Together with the Managing Head, ensure compliance with the requirements of PD 1586,RA 6969, RA 8749, RA 9003, RA 9275, their respective implementing rules and regulations (IRRs), and other pertinent rules and regulations;

2) Identify significant environmental aspects and impacts of the establishments operational activities and recommend possible mitigating measures in the formulation/preparation and/or review of the Environmental Management Plan and Contingency Plan;

3) Attend to all permitting and registration requirements of the establishment prior to the construction, installation, or operation of pollution sources and control facilities;

4) Ensure the proper performance, operation, and maintenance of environmental management facilities or systems of the establishment such as the following:

· Wastewater treatment facilities;
· Air pollution control devices referred to in DAO 2000-03;
· Hazardous waste management storage areas (permanent or temporary);
· Solid waste segregation/management facilities (i.e. MRFs, sanitary landfills, composting facilities, etc.); and
· Environmental monitoring devices such as the Continuous Emission Monitoring Systems, Air Monitoring Stations, effluent flow metering/measuring devices, groundwater monitoring wells, and other environmental monitoring devices.

5) Ensure that the hazardous wastes disposed offsite are covered by a Permit to Transport; each transport is covered by a hazardous waste manifest duly signed by the transporter and TSD facility; and with corresponding Certificate of Treatment (COT) duly signed by the TSD facility. Copies of the signed hazardous waste manifest and COT shall be submitted to the concerned EMB Regional Office in accordance with DENR Adm. Or. No. 2004-36;

6) Ensure that transport vehicles are properly operated and maintained (applicable only for hazardous wastes transporter);

7) Ensure that hazardous wastes Treatment Storage and Disposal (TSD) facilities are properly operated and maintained (applicable only for hazardous wastes TSD facility);

8) Monitor compliance to the requirements specified in the Environmental Compliance Certificate and the commitments stipulated in the Environmental Management and Monitoring Plans or Environmental Performance Report and Management Plans, and report the same in the Compliance Monitoring Report (CMR);

9) Monitor activities pertaining to the installation or construction of pollution source and control facilities to ensure compliance with the National Emission Standards for Source Specific Air Pollutants and National Ambient Air Quality Standards and report monitoring results to DENR as part of the Self-Monitoring Report (SMR);

10) Monitor activities pertaining to the operation and maintenance of pollution control facilities to ensure compliance with the Effluent Standards and report monitoring results to DENR as part of the SMR;

11) Monitor the use of chemicals, especially those listed under the Priority Chemicals List(PCL) and those with Chemical Control Orders (CCO) and the generation of solid and hazardous wastes. Monitoring data shall be submitted as part of the SMR and the PCL Compliance Certificate;

12) Monitor the importation or distribution of chemicals, especially those listed under the PCL and those with CCO and the generation of solid and hazardous wastes. Monitoring data shall be submitted as part of the SMR and the PCL Compliance Certificate (applicable only for importers or distributors of chemicals);

13) Promptly submit CMRs and SMRs, duly accomplished and signed by the PCOs, approved and certified correct by the Managing Head, and notarized;

14) Report in writing within twenty-four (24) hours from the occurrence of any of the following environmental incident to the concerned EMB Regional Office, as the case may be:

· Breakdown of any pollution source and/or control facility or monitoring instruments; or
· Releases (e.g. leaks, spills, etc.) of chemicals or hazardous wastes (listed in Annex 1 of this Order as well as the Priority List of Hazardous Substances as published by the Agency for Toxic Substances and Disease Registry of the Department of Health & Human Services of the United States of America) to environmental media.

15) Report in writing within twenty-four (24) hours from securing of the results of laboratory analysis or from online monitoring instruments any exceedance to effluent and/or emission standards;

The Report covering Items 14 and 15 above shall include the following:
· Date/time of the incident;
· Cause(s) of the incident; and
· Description of the incident detailing the following:

- Estimated amount of chemicals or hazardous wastes, emissions, and/or effluents released to the receiving environment; and
- Interim/contingency measures to mitigate any potential negative impacts.

The Managing Head shall sign the Report prepared by the PCO. Annex 4 shows the Environmental Incident Report format.

16) Submit to the Pollution Adjudication Board a copy of the SMR duly received by the respective EMB Regional Office (applicable only for establishments with pending case);

17) Attend, as duly authorized representative of the establishment, technical conferences, hearings, and meetings especially on matters pertaining to pollution cases of the establishment where he/she is employed;

18) As a liaison officer to EMB, keep himself/herself abreast with the requirements of the Department;

19) Coordinate regulatory programs and activities with the city/provincial/municipal governments (if applicable);

20) Initiate and intensify environmental management activities including awareness campaign within their organization; and

21) Participate in multi-partite monitoring team activities and meetings, where applicable.

The PCO and the Managing Head shall be held jointly and severally liable for any violation of PD 1586, RA 6969, RA 8749, RA 9003, RA 9275, their respective IRRs, and other pertinent rules and regulations, committed by the establishment.

Sec. 11. Renewal of PCO Accreditation. The PCO accreditation shall be renewed every three (3) years, provided that he/she has completed at least forty (40) hours of cumulative relevant PCO training as participant or twenty (20) hours as a trainer/subject matter expert within the three-year period and upon payment of the renewal fee of Php500.00.

Sec. 12. Reporting. All accredited PCOs shall submit SMR to the EMB Regional Offices on a quarterly basis.

ISO 14001 Certified companies may opt to apply for a semi-annual report submission of SMRs, subject to the approval of the EMB Central Office. Further, establishments may avail of the incentives given under the Industrial EcoWatch Program and the Philippine Environmental Partnership Program as regards to reportorial requirements.

For establishments with interim PCO pursuant to Section 9.0 of this Order, the Managing
Head shall submit the required reports under this section.

Sec. 13. Training for PCOs and Requirements for Training Organizations/Institutions. Only EMB-recognized training organizations/institutions shall provide trainings for PCOs. As part of the recognition process, these training organizations/institutions must meet the minimum requirements provided in Annex 5 of this Order. A fee of PhP1,000.00 per application shall be charged by EMB Central Office for the processing of the application for recognition.

Recognized training organizations/institutions shall be required to submit an Annual Accomplishment Report to EMB every January 15. Their recognition shall be valid for one (1) year and shall be renewed upon submission of the requirements provided in Annex 5 of this Order. On the other hand, recognition shall be suspended or cancelled based on the grounds provided in Annex 5 of this Order.

Sec. 14. Revocation of PCO Accreditation. The following shall be considered as gross violations and are grounds for revocation of PCO accreditation:

a. Submission of false documents and/or reports; or
b. Misrepresentation of facts; or
c. Has received at least three (3) notices of nonperformance from EMB due to failure to perform any of the functions as indicated in Section 8.0 of this Order; or
d. Willful and deliberate discharge of untreated emissions/effluents and hazardous and toxic substances/wastes to the environment.

The commission of any of these violations shall, upon due process, result in the revocation of the accreditation of the PCO and the permanent disqualification of the concerned person from being accredited as PCO of any establishment. Upon discovery of the existence of any of the grounds for revocation, the Regional Director shall notify the Managing Head of the reason(s)for revocation.

The Managing Head shall submit, in writing, action plan to rectify the revocation within seventy-two (72) hours.

In the event that the accreditation of the PCO is revoked, the establishment shall immediately appoint/designate a new PCO, submit its name to the concerned EMB Regional Office and seek accreditation within fifteen (15) calendar days from receipt of the Revocation Order.

Sec. 15. Transitory Provision. Within one (1) year from the effectivity of this Order, all establishments are required to reapply for the accreditation of their PCOs in accordance with Section 11.0 hereof.

Sec. 16. Repealing Clause. DENR Administrative Order No. 26, series of 1992 and all other orders and issuances, rules and regulations, or parts thereof inconsistent with this order are hereby amended, modified or repealed accordingly.

Sec. 17. Effectivity. This Order shall take effect fifteen (15) days after its publication in a newspaper of general circulation and upon acknowledgment of receipt of a copy hereof by the Office of the National Administrative Register.

Notes:
a.    Based on less than 50 kg/day hence round off to 10,000 kg/yr
b.    Based on 20,000 kg/yr, roughly equivalent to 100 drums per year (~200 L capacity) or less than 10 drums per month or less than 0.3 drum per day.
c.    Based on 36,000 kg/yr, roughly equivalent to 180 drums per year (~200 L capacity) or 15 drums per month or 0.5 drum per day.
d.    Based on 500,000 kg per year of putrescible organic waste that can fill a lagoon or dumpsite of around 50 square meters with a depth of one meter.

1.    Recognition of Training Organization/Institution

In the application for recognition, the training organization/institution must meet the following minimum requirements:

·      Have a valid business registration, license, permit to operate, or any other proof to show existence as a juridical entity recognized under appropriate issuances/laws;
·      Have at least two trainers on environmental management with the following qualifications:
o  Graduate of any engineering or science course;
o  With ten (10) years experience in environmental management; and
o  With five (5) years experience in conducting environmental trainings.
·      Have basic training equipment, monitoring instruments, facilities, and materials; and
·      Have module/syllabus that are prescribed by EMB.

2.    Renewal of Recognition of Training Organization/Institution

In the renewal of recognition, the training organization/institution must submit the following minimum requirements:

·      Updated training organization/institution profile;
·      Updated resume of trainers and consultants;
·      Annual Accomplishment Report using the attached prescribed form;
·      Reports on monitoring and evaluation of training/services rendered; and
·      Calendar of trainings or services.

3.    Suspension of Recognition of Training Organization/Institution

Recognition of the training organization/institution shall be suspended based on any of the following grounds:

·      Inactivity as environmental management training organization/institution for one (1) year
·      With pending legal case

4.    Cancellation of Recognition of Training Organization/Institution

Recognition of the training organization/institution shall be cancelled based on any of the following grounds:

·      Two times suspension and committing any ground for suspension for the third time(commission of any crime or offense of any employee that is detrimental to the
institution)