enforcement of this act. They shall consult, participate, cooperate and enter into agreement with other Government agencies or with affected NGOs or POs, or private enterprise in the furtherance of the objectives of this Act. •Department’s Environment Management Bureau (EMB)- shall be converted from staff bureau to a line bureau for a period of less than two years, unless a separate comprehensive environmental management agency is created. LGUs shall share the responsibility in the management and maintenance of air quality within their territorial jurisdiction.
Consistent with Sec. 7,8, and 9 of the
Act, LGUs shall implement air quality standards set by the board in areas within their jurisdiction. In Technology Developers, Inc. vs Court of Appeals, • the Court ruled that while it is true that the matter of determining whether there is a pollution of the environment that requires control if not prohibition of the operation of a business is essentially addressed to the then National Pollution Control Commission, now Pollution Adjudication Board (PAB), the mayor of a town has as much responsibility to protect its inhabitants from pollution, and by virtue of his police power, he may deny the application for a permit to operate business or otherwise close the same unless appropriate measures are taken to control and/or avoid injury to the health of the residents of the community from the emissions in the operation of the business. Established in every province, city, or municipality in accordance with Section 484 of RA No. 7160. Powers and Duties a. To prepare comprehensive air quality management programs, plans and strategies within the limits set forth in RA no. 7160 and this Act which shall be implemented within its territorial jurisdiction upon the approval of the sanggunian; b. To provide technical assistance and support to the governor or mayor, in carrying out measures to ensure the delivery of basic services and the provision of adequate facilities relative to air quality; c. To take the lead in all efforts concerning air protection and rehabilitation; d. To recommend to the board air quality standards which shall not exceed the maximum permissible standards set by national laws. e. To coordinate with other government agencies and non-government organization in thee implementation of measures to prevent and control air pollution; f. Exercise such other powers and perform such duties and functions and may be prescribe by law or ordinance 16. Administrative action involving stationary sources. The DENR shall, on its own instance or upon verified complaint by any person, institute administrative proceedings against any person who violates: a. Standards or limitation provided under this Act b. Any order, rule or regulation issued by the DENR with respect to such standard or limitation. • Have the sole and exclusive jurisdiction over all cases of air pollution and all matters related thereto, including the imposition of administrative sanctions, except as may be provided by law. Unless otherwise revised or amended, the existing rules of the PAB shall apply. • Action for abatement of private nuisance lies with the courts, not with the PAB nor the sanguniang bayan • Any violation of motor vehicle pollution control laws may be commenced by any person by filling a written complaint, or by the DOTC before the hearing officer. The proceedings shall be summary in nature. The Rules of Court shall not apply except in a supplemental character. Any Filipino Citizen in representation of others, including minors or generations yet unborn, may file an action to enforce rights or obligations under the environmental laws.