The Department of Environment and Natural Resources recently enjoined the Department of the Interior and Local Government to help implement the Clean Air Act of 1999.
The DENR wants local government units (LGUs) to be on the lookout for violators of the act’s provisions against open burning of toxic substances and smoking in public places.
A statement from the DENR yesterday said acting Environment Secretary Joemari Gerochi told Interior Secretary Jose Lina Jr. in a rcent letter that "local government units play an important role in ensuring the effective and successful implementation of the 1999 Clean Air Act."
The LGUs led by the mayors are mandated to implement the ban against the practice of open burning — specially of tires during revelry and protests — and the ban on smoking inside public buildings or in enclosed public places.
Gerochi also informed Lina that the "ban on open burning took effect on Nov. 25 (last year), while the smoking ban inside public buildings or enclosed public places becomes fully effective in June this year."
The 1999 Clean Air Act mandates that no person should burn any materials, in any quantity, which will cause the emission of toxic fumes and poisonous flames.
In his letter, Gerochi said the banned materials include plastic, polyvinyl chloride, paints, ink, wastes containing heavy metals, organic chemicals, petroleum related compounds, industrial wastes and ozone-depleting substances.
Open burning is allowed only in the usual "siga," the traditional burning of dried leaves and uprooted overgrown weeds to smoke out mosquitoes, and for food preparation such as the neighborhood "ihaw-ihaw."
He added that firms, establishments, organizations and private companies are prohibited from openly burning waste materials in their premises and areas of jurisdiction.
"Included in the ban on open burning are recognized or unrecognized dumpsites in any quality or quantity," Gerochi said.
Open burning of municipal wastes is punishable by imprisonment of two years and one day to a maximum of four years. Meanwhile, those caught violating the ban on open burning of hazardous substances and wastes can face four years and one day to a maximum six years in prison.
A fine of P10,000 to P100,000 for every day of violation will also be imposed.
The DENR also said that if the offender is a corporation, those who would be meted the penalty will be the president, manager, directors, trustees, the pollution control officer, or officials directly in charge of the operation.
The smoking ban, on the other hand, also covers public vehicles and other means of transpiration and enclosed areas outside of one’s private residence, private place of work or any duly designated area, Gerochi told Lina.
Violators of this provision would be fined P10,000 to P100,000 and face a maximum six years in prison.
Gerochi reiterated that the ban on smoking "is to protect non-smokers from the health hazards caused by second-hand smoke or environmental tobacco smoke.
"We look forward to the local government units to strictly enforce the smoking ban in public facilities such as schools, hospitals, airports, bus terminals and other public buildings," he said.