While infrastructure and civic projects are generally considered to be the catalysts of a locality’s development, a common flip side among these endeavors is inevitable environmental risks. To promote environment-friendly practices among the business community, one of the strategies leveraged by the local government is the issuance of the Environmental Compliance Certificate.
What Is An Environmental Compliance Certificate?
An Environmental Compliance Certificate, commonly known as ECC, is a certification issued by the Department of Environment and Natural Resources – Environmental Management Bureau (DENR – EMB) after a positive review of the project’s application.
Aside from serving as a certification, it also recognizes a project’s compliance with all the requirements of the Environmental Impact Statement System (EIS) and has pledged to implement its approved environmental management plan.
However, project proponents granted permission by the ECC must still comply with specific measures and conditions before and during the operation of the project. In some cases, certain conditions are given during a project’s abandonment phase to lessen any potential environmental impacts.
What Law Supports The Issuance Of The ECC?
As mandated by Presidential Decree No. 1586 (Establishing an Environmental Impact Statement System including other Environmental Management-Related Measures) dated June 11, 1978, all individuals, partnerships, and corporations shall secure an Environmental Compliance Certificate first before undertaking or operating any declared environmentally-critical project or area.
Who Shall Apply For Environmental Compliance Certificate?
Although the law does not directly specify the types of projects requiring ECCs, they are indirectly classified with the following statement: when a project is required to submit an Environmental Impact Assessment (EIA) in the form of an Environmental Impact Statement (EIS), they likewise have to submit an Environmental Compliance Certificate.
Which Projects Need An EIS, And Hence An ECC?
Pursuant to Presidential Decree 1586 (Establishing an Environmental Impact Statement System Including Other Environmental Management Related Measures and for other purposes), EIS and ECC are required for Environmentally Critical Projects (ECP) and/or projects located in Environmentally Critical Areas (ECA).
What Are Considered To Be Environmentally Critical Projects (ECPs)?
Projects under the heavy industries, resource extractive industries, and infrastructure projects are considered to be ECPs, which are further specified below:
Heavy Industries
- Iron and steel mills
- Non-ferrous metal industries
- Petroleum and petrochemical industries such as oil and gas
- Smelting plants
Resource Extractive Industries
- Development of dikes and fish ponds
- Forestry projects
- Extracting of mangrove products
- Forest occupancy
- Grazing
- Introduction of exotic animals in both public and private forests
- Logging
- Major wood processing projects
- Major quarrying and mining projects
Infrastructure Projects
- Bridges and roads
- Dams
- Power plants
- Reclamation projects
Construction, Development, and Operation of Golf Courses
The DENR-EMB does not require the issue of ECCs for projects that pose no environmental threat. Rather than that, they are recommended to submit an application for a Certificate of Non-Coverage (CNC), which will indicate that the planned project is not included in the Environmental Impact Statement (EIS).
Which Areas Are Under Environmentally Critical Areas (ECAs)?
Apart from being considered as Environmentally Critical Projects, projects requiring ECCs shall be located in any of the following areas considered as Environmentally Critical Areas:
- National parks, sanctuaries, watersheds, and wildlife preserves
- Potential tourist spots
- Habitats of any threatened or endangered indigenous Philippine flora and fauna
- Places of unique archaeological, historical, and scientific background
- Hotspots of frequent and/or harsh natural calamities
- Critically sloping areas
- Prime agricultural lands
- Water bodies and aquifers that are characterized by any of the following elements:
- Tapped for domestic use
- Within controlled and/or protected locations
- Supporting wildlife and fishery purposes
- Mangrove areas that are characterized by any of the following elements:
- Possessing 50% and more live coralline cover
- Nursery and spawning grounds for fishes
- Acting as natural breakwater of coastlines
Is Your Project Inside The ECA?
There are two ways on how to determine whether a project is located inside an ECA or not.
One, for socialized housing projects, the former Housing and Land Use Regulatory Board (HLURB), which has been replaced by a new agency called the Department of Human Settlements and Urban Development (DHSUD), is responsible for issuing clearances indicating whether a project is located within an ECA or not.
Two, for projects that do not fall under the category of socialized housing, their governing Local Government Units (LGUs) are responsible for supplying a Geographic Information System (GIS) for Comprehensive Land Use Plans (CLUPs). While such maps may aid in the identification process, the EMB will ultimately decide whether these projects fall under the ECA or not.
How To Accomplish The Environmental Compliance Certificate Online Application?
For a more streamlined application process, all necessary forms and project descriptions may be filled up online by visiting the Environmental Compliance Certificate Online Application System. Upon completing the process, applicants may download the accomplished documents for printing and notarization.
Those who are searching for a full description of the online application procedure can consult the ECC User Guide for assistance.
What Are The Requirements Needed To Prepare For The Environmental Compliance Certificate Online Application?
Although ECC applications may be completed online, applicants should prepare the following documents prior to the transaction:
- Application fee of Php 5,055.00 payable at any LandBank branch using the OnCall Payment Slip
- Scanned copies of the deposit transaction slip and duly-notarized IEE Checklist
- Geo-tagged photos of the proposed project site
- Maps of affected areas showing at least 1 kilometer from the project boundaries
- Certification from the LGU proving the compatibility of the proposed project within the existing CLUP
- Site Development Plan or Vicinity Map
- The layout of the plant or project signed by registered professionals
- If applicable, a schematic diagram of the wastewater treatment facility
- If applicable, a schematic diagram of the air pollution control facility
- An organizational chart of the persons-in-charge of environmental concerns
- Proof of authority over the project site, such as land title, deed of absolute sale, lease contract, etc.
- Project Environmental Monitoring and Audit Prioritization Scheme (PEMAPS)
How To Follow Up On Your Environmental Compliance Certificate Online Application?
Applicants may connect with the EMB Regional Office by email. It is essential to check your account periodically for changes or extra requirements necessary to complete the application. In certain instances, it is also prudent to contact the EMB Regional Office for the region in which the project is situated.
Applications are anticipated to be completed within 20 working days after receipt and acceptance of the required documentation, for which Certified True Copies may be acquired from the relevant EMB Regional Offices.
Do ECCs Have An Expiration Date?
ECP proponents granted the issuance of ECC shall implement the proposed project within five years upon approval of the ECC. Whereas, projects located in ECAs awarded with the same certificate shall implement the project within two years. Failure of implementation on the specified time frame nullifies the Environmental Compliance Certificate, which implies a re-application of the same document by the project proponents.
Protecting The Nation’s Natural Resources
In retrospect, the ECC is a document that authorizes a project to advance to the further phases of planning and execution, after obtaining clearance from the appropriate governmental authorities and Local Government Units (LGUs). By adhering to the ECC application procedure meticulously, both infrastructural and civil projects may contribute to ensuring that the environment is not damaged in the pursuit of national development.
