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AMENDING
CERTAIN PROVISIONS OF BOARD RESOLUTION NO. 41, SERIES OF 1997,
FURTHER CLARIFYING THE DEFINITION OF DEVELOPMENT ACTIVITIES REQUIRED
TO SECURE LLDA CLEARANCE
WHEREAS,
Section 4(d) of R.A. 4850, as amended by P.D. 813 and E.O. 927,
empowers the Laguna Lake Development Authority (LLDA) to pass upon
and approve or disapprove all plans, programs and projects proposed
by local government units, government
agencies, public corporations and private persons or enterprises
within the Laguna de Bay Region, where such plans, programs or
projects are related to those of the Authority for the development
of the region;
WHEREAS,
Board Resolution No.
41, Series of 1997 was approved on 21 March 1997 to further
define/clarify the definition of development activities required to
secure LLDA Clearance and to integrate such definition in the Rules
and Regulations Implementing R.A. 4850 as amended to ensure that all
such development activities conform with the 1996 Laguna de Bay
Master Plan and that the same will not cause negative environmental
impacts;
WHEREAS,
the industry sector
raised some concerns on the lack of specificity of the coverage of
the requirement for the LLDA Clearance pursuant to the afore-stated
Resolution, thereby calling for a review of the rules
covering the issuance of LLDA Clearance; and
WHEREAS,
the result of the said
review indicated the need to amend certain provisions of the
afore-mentioned resolution in order to define in more specific terms
the development activities that are required to secure LLDA
Clearance.
NOW,
THEREFORE, foregoing
premises considered, BE IT
RESOLVED, as it is hereby RESOLVED,
to amend Board Resolution No. 41, Series of 1997, as follows:
Section
1. Development
Activities Covered by LLDA Clearance.
The following
development activities, projects and installations are required to
secure LLDA Clearance:
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1. |
Industrial / manufacturing establishments, industrial parks,
estates except those
exempted under Section 2; |
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2. |
Resource extractive industries or activities such as mining,
quarrying, dredging, water abstraction and logging;
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3. |
Garment/textile manufacturing with dyeing operation except
those exempted under Section 2 |
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4.
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Agro-industrial projects / livestock production including
piggery, poultry and similar animal-raising farms except those
exempted under Section 2; |
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5. |
Abattoir with more than ten (10) animals slaughtered per day; |
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6.
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Commercial establishments such as supermarkets, markets,
groceries, shopping centers, malls, and other similar activities
with a total floor and facility area of 1000 sq. m. and above; |
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7.
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Recreation and entertainment projects with a lot area of one
(1) hectare and above such as golf courses, recreational complex,
theme parks, resorts, public swimming or bathing places, zoos, and
other similar activities; |
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8.
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Indoor recreation facilities such as theaters, amphitheaters,
museums and other similar establishments with a total floor and
facility area of 1000 sq. m.;
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9. |
Fastfood stores, restaurants and similar establishments with
a total combined sewage generation of 12 m3/day and
above; |
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10. |
Gasoline stations, fuel depots, fuel storage facilities and
other similar establishments/activities; |
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11. |
Laundry services including dry cleaning and steam laundry
with a combined wastewater generation of 12 m3/day and
above; |
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12.
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Laboratory, testing and research centers and other similar
establishments that have potential sources of air and water
pollution, and toxic/ hazardous waste; |
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13. |
Housing development projects such as residential subdivisions
and other similar projects; |
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14.
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Human occupancy structures with a total floor area of 1000
sq. m. and above such as condominium, hotel, motel and other
office/residential/commercial buildings; |
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15. |
Television / radio stations and other similar
establishments/facilities/projects with a total floor and facility
area of 1000 sq. m. and above; |
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16. |
Telecommunication facilities such as cellsites, transmission
and telecommunication
towers except those exempted under Section 2; |
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17.
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Infrastructure projects such as roads, bridges, viaducts,
railways, power plants, power transmission sites and substations,
water impounding structures, dams including back filling,
reclamation, and other engineering projects involving earth moving
or physical alteration of the area except those exempted under
Section 2; |
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18. |
Land transport terminals with repair and maintenance
facilities; |
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19. |
Airports, passenger/cargo terminals and its support
facilities; |
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20. |
Memorial parks, cemeteries, burial / funeral establishments
with embalming facilities
/ crematorium / columbarium and other similar activities |
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21. |
Waste disposal sites, waste processing facilities, transfer
stations and other similar projects; |
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22.
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Any project, activity or establishment which uses/stores
toxic/hazardous substances and/or dangerous goods such as
explosives, compressed gases, corrosive and/or poisonous substances,
etc. |
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23.
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Any operation, technology, process or activity which the
Authority determines as causing the discharge of land, air and water
contaminants. It includes use of hazardous or toxic materials; or
produces and requires the disposal of waste materials that will pose
serious health hazards, or will generate significant amount of
organic solid wastes; |
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24.
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Health related projects such as hospitals, medical centers,
clinics and other similar institutions with a total floor area and
facility of 1000 sq. m. and above; |
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25.
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Educational services such as schools (pre-elementary,
elementary, secondary, special, specialized, etc.), institutes and
universities, with a total floor and facility area of 1,500 sq. m.
and above. |
Section
2. Exemptions. The
following activities, projects, installations are exempted from the
above-stated requirements:
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1. |
All
development projects/activities which were established before
1976 provided that the proponent/company: |
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a) |
has not stopped operations for a period of 2 consecutive
years since 1976; |
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b) |
has not expanded in terms of production output, new product
line, areas of coverage, number of heads, etc., whichever is
applicable; |
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2. |
Individual family dwellings/houses regardless of area; |
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3. |
Places of worship such as churches, temples, synagogues,
chapels, mosque and other similar projects regardless of area; |
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4. |
Animal farms with a population of not more
than one hundred 100 heads
or sow level of
not more than ten (10) for pigs; |
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5. |
Bird farms
( chicken, duck, game fowl,
quail, etc.) with a population
of not more than 1000 birds; |
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6.
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Barangay Micro Business Enterprises (BMBEs). Enterprises
under this classification are required to submit a certification
from the appropriate agency; |
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7. |
Repacking of non-hazardous substance and / or with no source
of dust / air emission or liquid waste;
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8.
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Dry process industries which have a septic tank design
capacity of less than 12 m3/day or with less than 212
employees (manufacturing plants) except those mentioned under
Section 1; |
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9.
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Dry process industries which have a septic tank design
capacity of less than 12 m3/day or with less than 212
employees (manufacturing plants) except those mentioned under
Section 1; |
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10. |
Cold storage/refrigeration facilities provided that no
process is involved; |
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11.
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Wooden assemblies having
the following
equipment: trimmers, crosscut saws, circular saws of less
than 600 mm diameter in size and S2S type planers of
not more than
three (3) units each; |
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12. |
Mining exploration activities involving diamond drilling,
trenching and test fitting except geothermal and oil exploration; |
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13. |
Metal works which do not involve spray painting and
electroplating process; |
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14. |
Agricultural production farms/facilities except those
producing exotic species or for experimental purposes; |
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15. |
Flowers/ornamental production and sale, including
landscaping; |
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16. |
Integrated
social forestry projects; |
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17. |
Organic compost/fertilizer making not exceeding 500 MT
per annum in capacity; |
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18. |
Storage/post harvest facilities and warehousing for
non-hazardous/ non-toxic materials and substances; |
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19. |
Projects/ installations for the purchase, sale, importation
and trading of non-hazardous materials or substances; |
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20. |
New construction of bridge
and viaduct
with length
equal to
or less than fifty (50) meters. |
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21. |
Pedestrian overpass construction. |
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22. |
Telecommunication projects such as: |
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a) |
indoor antenna; |
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b)
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based transceiver station (refers to equipment housing only
and does not involve installation of a tower, based transceiver
station antenna
without equipment room or tower, and based
transceiver station mounted on any existing structure);
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c) |
installation on top of a building, wall mounted and floor
mounted;
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d) |
pole and parapet mounted antennae; |
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e) |
monopole tower; and |
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f)
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guy tower.
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23.
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Projects which involve institutions of soil erosion control
measures through either vegetative ( e.g. planting,
bench-brush, fascine,
etc. ) or engineering /
structural (e.g. check dams, gabions, riprap/retaining walls, etc.); |
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24.
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Rehabilitation of
existing structures
( including maintenance
and repair works
involving negligible, no expansion or change of land use beyond
that which is/was previously existing); |
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25. |
Demolition or abandonment of dangerous or condemned
buildings;
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26. |
Substation/switchyard with rated capacity less than or equal
to 83 MVA; |
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27. |
Power plants with capacity less than or equal to one (1) MW; |
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28. |
Broker-forwarding business, trucking, sea and air freight
services; and |
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29.
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Construction, repair,
replacement or
maintenance of
temporary or
permanent minor structures or facilities accessory to
existing installations, provided that such installations are
allowable, conforming or in conformity with local zoning ordinances
and/or the National Building Code, such as
signs, fences, curbs, gutters,
sidewalks and driveways abutting existing streets, etc. |
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All
other activities not explicitly cited in this Section are required
to secure LLDA Clearance.
RESOLVED,
FINALLY, to implement
this Board Resolution fifteen (15) days after its publication in a
newspaper of general circulation.
APPROVED
on April 29, 2004:
(SGD) MA. FATIMA A.S. VALDES
Chairman
(SGD) ROSELLER Z. VALERA
Vice Chairman
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