Laguna Lake Development Authority

Resolution No. 41 Series of 1997

Subject :

ADOPTION OF THE DEFINITION OF DEVELOPMENT ACTIVITIES PER DENR ADMINISTRATIVE ORDER NO. 96-37 AND INTEGRATION OF SAID DEFINITION IN THE LLDA RULES AND REGULATIONS THEREBY CLARIFYING FURTHER THE DEVELOPMENT ACTIVITIES REQUIRED TO SECURE LLDA CLEARANCE

     

     WHEREAS,  Section 4 (d) of R. A. 4850, as amended by PD 813 and further clarified by EO 927 empowers the Laguna Lake Development Authority to pass upon and approve or  disapprove all plans, programs and projects proposed by local government offices/agencies within the Laguna de Bay Region, public corporations and private persons or enterprises where such plans, programs and/or projects are related to those of the Authority for the development of the region;

 

     WHEREAS,  under Administrative Order No. 96-37 of the Department of Environment and Natural Resources, projects which are considered as environmentally critical or located within an environmentally critical area  are  required to secure an Environmental Compliance Certificate;

 

     WHEREAS,  integration of such definition of development activities in the Rules and  Regulations Implementing R.A. 4850, as amended, is deemed necessary to ensure that all such development activities conform with the  Master Plan for the Laguna de Bay Region and that the same will not cause negative environmental impacts;

 

     WHEREFORE, foregoing premises considered, BE IT RESOLVED, as it is hereby RESOLVED,  that the definition  of development activities per Administrative Order No. 96-37 of the Department of Environment and  Natural Resources is hereby adopted and integrated in the Rules and Regulations Implementing R.A. 4850, as amended;

 

     RESOLVED, FURTHER, that the following development activities, projects and installations are required to secure a clearance from the Laguna Lake Development Activity before these can be constructed, operated, maintained, expanded, modified or implemented by any government office/agency or government corporation or private person or enterprise, except as otherwise exempted;

 

                                               

     Section 1.  List of development activities, projects, installations:

1.

Industrial establishments and development projects  including industrial  plants, parks, estates and power plants;

      

Board Resolution No. 41,  S. of 1997

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2.

 Agro-industrial projects including piggery, poultry and similar animal-raising farms except those exempted under Section 2;

3.

Housing development projects such as residential subdivisions, parks (memorial park included), condominiums, and other similar dwellings except those exempted under Section 2;

4.

 Hospitals, clinics and other similar institutions;

5.

 Markets, shopping centers, malls and recreational areas and  theme parks;

6.

 Resource extractive industries or activities such as mining,   quarrying, dredging,  water abstraction,  forestry  and  fishery projects;

7.

 Lake ports, wharves and marinas;

8.

Infrastructure projects such as roads, bridges, water impounding structures, dams including land filling, reclamation and other engineering projects involving

earth moving or physical alteration of the area;

9.

 Sanitary waste landfills and other waste treatment or disposal sites or projects;

10.

 Golf courses and other similar development activities;

11.

 Gas stations, fuel depots and fuel storage facilities;

12.

 Such other activities, projects and installations as may be determined by the Authority.

 

     Section 2. Exemptions.  The following activities, projects, installations are exempted from the above subject requirement:

1.

 Single residential buildings and similar human occupancy  structures that have either:

 

*

 

two storeys or less in height  or

*

 200 sq.m. or less in floor area or

*

 40 persons or less in total human occupancy or

*

 12 cu.m. per day or less in total domestic sewage generation;

 

 

Board Resolution No. 41, S. of 1997

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2.

 Backyard animal farms with a population of not more than 100 heads or sow level of not more than 20 (for pigs);

3.

 Backyard cattle farms with a population of not  more than 100  heads;

4.

 Backyard poultry farms with a population of not more than 1000 birds;

5.

 Comfort air-conditioning or comfort ventilating systems;

6.

 Internal combustion engines, boats, aircrafts and vehicles used  for transportation of passenger  or freight;

7.

 Incinerators constructed, installed or used in one or two-family dwelling or multi-occupied buildings containing four or fewer  family units, one of which is owner-occupied;

8.

 The following equipment:

 

a.

 

Cold storage refrigeration equipment

b.

 Vacuum pumps for laboratory operations

c.

 Equipment used for steam-cleaning

d.

 Belt or drum sanders having a total sanding surface of 0.5 square meters or less per sander,  and other equipment used exclusively on wood or plastic or their products having a density of 321 kilograms per cubic meter or more

e.

 Equipment used exclusively for space heating, other than boilers

f.

 Bakery ovens and confection cookers where the products are edible and intended for human consumption

g.

 Laboratory equipment used exclusively for one or two  chemical or physical analyses

h.

 Brazing, soldering or welding equipment

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i.

 Laundry drier extractors or tumblers for fabrics cleaned only with water solutions, bleach or detergents;

 

9.

 

Non-commercial and non-residential vacuum cleansing systems used exclusively for residential housekeeping purposes;

10.

 Structural changes which cannot change the quality, nature or quantity of land mass, air or water bodies; or discharges of  which will not cause pollution;

11.

Any article, machine, equipment, contrivance, operation, process or activity the Authority determines as not causing the discharge of land, air and water

contaminants in sufficient  quantity, with respect to its character, quality or content, and the circumstances surrounding its location, use and operation, as to

contribute significantly to the pollution problems within the Region, so that the regulation thereof is not reasonably justified, and which does not in fact cause the release of contaminants in violation of law or of  the pertinent  Rules and Regulations. Such determination shall be made in writing and filed by the Authority as a public record;

12.

 All development projects/activities  which were operational or established before 1976;

13.

 Countryside business and barangay entities (CBBEs) covered by Republic  Act No. 6810, otherwise known as the Magna Carta for CBBEs or Kalakalan 20, and registered with the Department of Trade and Industry between 1991  to 1994, inclusive.  Provided that, unless otherwise amended by law, non-coverage of such CBBEs shall only subsist for a five (5) year period beginning  from its date of registration;

14.

 Crop plantations whose lands have already been developed or converted to agricultural purposes including sugarcane, pineapple, banana, abaca, citrus, etc.;

15.

Flowers/ornamental production and sale, including landscaping;  

16.

Purchase/sale/importation of farm implements including tractors, haulers, sprayers, threshers, dryers, shellers, irrigation pumps, work animals,   graders/sorters;

 

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17.

 Storage/post-harvest facilities and warehousing for non-hazardous/toxic  materials and substances;

18.

 Purchase/sale/importation of fishing vessels, gears and equipment;

19.

 Services and recreational centers, provided that the total and combined  daily domestic sewage generation  rate is not more than 12 cu.m. per day  such as:

 

a.

 

restaurants

b.

 hotels/motels/inns/dormitories

c.

 office buildings

d.

 vulcanizing shops/tire recapping

e.

garment manufacturing  and other dry process industries

f.

 bakeries

g.

 sports gym/complex/recreational/entertainment establishments or parks

h.

medical clinics

i.

schools

j.

 

churches

 

20.

Mining exploration activities involving diamond drilling, trenching, and test  fitting except geothermal and oil exploration;

21.

Integrated social forestry projects;

22.

 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, rip-rap/retaining walls, etc.);

23.

Rehabilitation of existing structures (including maintenance and repair works  involving negligible or no expansion or change of land use beyond that previously existing);

24.

 Demolition or abandonment of dangerous or condemned buildings or structures  less than 5 storeys in height  authorized by an appropriate    government  entity;

25.

 Construction, repair, replacement or maintenance of temporary or permanent minor structures or facilities accessory to existing installations, provided that such are allowable, conforming or in conformity with local

 

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zoning ordinances  and/or  the National Building Code, including the following:

 

a.

 

signs

b.

fences

c.

 utility or equipment storage sheds

d.

 automatic outdoor water sprinkling system

e.

 parking lots accommodating fifty (50) passenger cars or less

f.

 storm drainage, sewer and or carpool

g.

 covered walks, patios for open space, loading and unloading ramps and bus, jeepney or minibus shelters

h.

 guard houses or towers and installation of outdoor lighting system for security and safety purposes

i.

 installation of water tanks less than 100,000 liters

j.

 curbs, gutters, sidewalks and driveways abutting existing streets;

k.

 interior or exterior remodelling or alteration of existing structures or facilities;

 

26.

 

Routine maintenance and repair works on existing dams, artificial lakes or reservoir facilities and accessory structures involving  water levels, temporary drawdown or spillage rates;

27.

 Repairs which are necessary to maintain existing structures and/or facilities used in irrigation systems, including:

a.

 cutting or removal of trees threatening to damage existing structures or as maybe allowed by appropriate government authorities, facilities and waterways in an irrigation system;

b.

 performance of routine maintenance or repair work, such as trimming/thinning of brush, removal and deposition of sediment and debris in existing waterways used for irrigation purposes.

 

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28.

 Purchase / sale / importation including repair and maintenance of passenger / transport / cargo / vessel, airplanes / helicopters, trains, trucks, buses / mini-buses, jeepneys;

29.

 Garment manufacturing with no dyeing and only involving spinning, cutting and sewing;

30.

 Cottage industries including

 

*

 

stuffed toys manufacturing

*

handicrafts and

* rattan/furniture manufacturing.

 

     RESOLVED, FURTHERMORE, that above resolution shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

 

     APPROVED  on March 21, 1997:

 

 

(SGD) JOSE D. LINA, JR.

Vice-Chairman

 

(SGD) RICHARD ALBERT I. OSMOND

Director

 

(SGD) ISAGANI B. VALDELLON

Director

 

(SGD) CALIXTO R. CATAQUIZ

Director

 

(SGD) MAXIMINO E. PASAY, JR.

Director

 

(SGD) WILFREDO B. SARAOS

Director

 

(SGD) CARLOS C. TOMBOC

Director

 

Board Resolution No. 41, S. of 1997

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     I hereby certify that Resolution No. 41, Series of 1997, was passed by the LLDA Board of Directors in its meeting held on March 21, 1997.

 

(SGD) LORETA D. VILLARUZ

Board Secretary V

 

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