8-1
Chapter 8
Environmental Compliance Monitoring
Section 10.0 of Article IV: Compliance Monitoring
a. A multi-partite monitoring team (MMT) shall be formed
immediately after the issuance of an ECC pursuant to an EIS.
The MMT shall be principally tasked to undertake monitoring
of compliance with the ECC conditions, the EMP and
applicable laws, rules and regulations.
b. Monitoring of compliance with the proponent�s ECC
issued pursuant to an IEE, and applicable laws, rules
and regulations, shall be undertaken by the concerned
PENRO and CENRO with support from the Regional Office
and/or EMB whenever necessary.
NOTES:
All projects covered by the EIS System and issued an
Environmental Compliance Certificate (ECC) are subject to
periodic monitoring by the DENR, which is composed of
compliance monitoring and impact monitoring. The conduct of
monitoring is commenced once an ECC is issued to a project.
The ECC sets the conditions for the schedule and type of
monitoring activities to be undertaken. As a minimum
requirement in compliance monitoring, the activities to be
monitored by the DENR and the proponent shall correspond to
the conditions provided in the ECC. In addition, compliance
with the Environmental Management Plan (EMP) as provided in
the Environmental Impact Statement (EIS) or Initial
Environmental Examination (IEE) and with other applicable
laws, rules and regulations shall also be monitored.
What are the objectives of monitoring?
The primary purpose of monitoring is to ensure the judicious
implementation of sound environmental management within a
company/corporation and its areas of operation.
Specifically, it aims to:
� monitor project compliance with the conditions set in
the ECC;
� monitor compliance with the Environmental Management
Plan (EMP) and with applicable laws, rules and regulations;
and
� provide a basis for timely decision-making and
effective planning and management of environmental measures
through the monitoring of actual project impacts vis-a-vis
the predicted impacts in the EIS or IEE.
Multi-Partite Monitoring Team
Compliance monitoring shall be undertaken by a Multi-partite
Monitoring Team (MMT) which shall be organized for EISs that
are issued an ECC. For ECCs issued pursuant to an IEE, the
DENR Regional Office shall be tasked to monitor compliance.
However, the RED may require the organization of an MMT
based on the magnitude, complexity, and potential impacts of
the project. Examples of the criteria that will determine
whether a project issued an ECC pursuant to an IEE shall be
require to establish an MMT and EMF are the following:
� size or capacity criterion - the size or capacity of
the project will yield a significant amount of wastes. This
criterion must be applied in consideration of the high
probability of exceedance of environmental criteria.
� process criterion - the project will use, store,
manufacture or dispose of significant amount of toxic or
hazardous wastes.
� location criterion - the project is located in an area
with significant number of residents or stakeholders which
increases the probability of complaints with regards to
pollution and emissions.
The MMT shall be organized by the proponent in close
coordination with the DENR as early as possible but not
later than the initial construction phase of the project.
However, the establishment of the MMT does not preclude EMB,
the DENR-RO or the proponent from conducting its own
monitoring or inspection of a particular project, as deemed
necessary.
What are the objectives of the MMT?
The primary purpose for organizing the MMT is to achieve
public participation, greater vigilance and appropriate
check and balance in the monitoring of project
implementation.
What are the functions of the MMT?
The MMT shall:
� monitor project compliance with the Environmental
Management Plan, the conditions stipulated in the
Environmental Compliance Certificate (ECC) and other permits
issued for the project by the DENR;
� gather relevant information to determine cause of
damage and public complaints or concerns about the project;
� prepare, integrate and disseminate monitoring status
reports and submit recommendations to the DENR; and
� undertake community information, education and
communication (IEC) program.
Section 11.0 of Article IV: Composition of the MMT
The composition of the MMT and their responsibilities
shall be provided in a Memorandum of Agreement (MOA)
negotiated by the proponent, the DENR and the major
stakeholders. In all cases, the MMT shall be composed of
representatives of the proponent and of a broad spectrum of
stakeholder groups, including representatives from the LGUs,
NGOs/POs, the community, women sector, concerned PENRO and
CENRO, with support from the Regional Office and/or the EMB,
whenever necessary, the academe, relevant government
agencies, and other sectors that may be identified in the
negotiations leading to the execution of the MOA.
What is the composition of the MMT and what are the
responsibilities of its members?
For balance, objectivity and transparency, the MMT shall be
multi-sectoral and shall have representations from the
identified stakeholders.
The MMT shall be composed of representatives from the
proponent, DENR, LGUs and stakeholder groups that may be
identified (such as affected community groups or people�s
organizations, the women sector, IPs, academe, relevant
government agencies, specifically the EU of the concerned
agency and other sectors) in the negotiations leading to the
execution of the MOA.
What are the selection criteria for the members of the MMT?
Criteria for selecting representatives to the MMT,
particularly those from the LGUs and affected community
groups, should consider the following:
� technical capability in monitoring bio-physical and
socio-economic parameters;
� credibility and stature in the community;
� strong interest and commitment with a high sense of
civic duty;
� availability for the conduct of regular monitoring
activities. For purposes of equity in public particiaption,
no one can become a member of an MMT for more than three (3)
times at the same time.
How is the MMT organized:
The MMT shall be organized into the following:
Executive Management Committee
This committee is tasked to make decisions regarding
monitoring issues, plans, and strategies. It shall
consist of the following members:
� PENRO/CENRO as chairperson
� LGU officials or designated representative (e.g.
governor, mayors, councilors, barangay captains)
� Project Proponent
� Representatives of NGOs/POs
� Representatives of IPs (if applicable)
� Representatives of women sector
� Representatives of population office
The DENR shall normally act as the Chair of the
Committee, but under certain conditions, it may
designate another member of the Committee as Chair.
The MMT Chair or at least three (3) members of the MMT
can call for a special or emergency meeting.
Otherwise, regular meeting shall be scheduled
quarterly.
Any decision or approval by the Committee shall require
a majority vote, provided there is a quorum.
A quorum shall require the presence of more than half
of the members, two (2) of whom should be the DENR and
the proponent.
This Committee shall be composed of at least five (5)
members and a maximum of eight (8) members.
Secretariat
The Secretariat will provide documentation of minutes
of MMT meetings and monitoring results. The following
will constitute the Secretariat of the MMT:
� Proponent - for the preparation of draft and final
monitoring reports
� LGU - for documentation of minutes of meetings (to be
designated by the MMT)
� Sectoral Team Leaders - for review and approval of
draft field monitoring reports.
This Committee shall be composed of a maximum of eight
(8) members.
Sectoral Monitoring Teams
The Sectoral Monitoring Teams shall undertake actual
monitoring work in the field and will constitute the
following:
� Team Leader - CENRO or designated representative
� Asst. Team Leader - Proponent
� Members (representatives of LGUs and community
groups/people�s organizations, women sector, IPs, academic
and research institutions, environmental units, etc.)
The size of these sectoral monitoring teams may vary
depending on the size and complexity of the project.
The above members shall concur in the Sectoral
Monitoring Reports to be submitted to DENR by affixing
their signatures.
What are the steps in establishing and operationalizing the
MMT:
1. The proponent, in coordination with the DENR, convenes
meeting with the stakeholders to finalize an annual
work and financial plan based on the proposed
environmental monitoring plan and fund, and the
proposed Memorandum of Agreement based on the ECC
conditions.
2. Once finalized, the first annual environmental
monitoring plan and budget shall be forwarded to the
EMB Director (for ECPs) or the DENR RED (for ECA
projects) for affirmation/approval. Subsequent annual
plans and budget shall be affirmed or approved by the
DENR RED.
3. After the approval of the abovecited documents, the MMT
shall implement the monitoring plan and establish the
monitoring fund based on the approved/agreed
guidelines.
4. The MMT shall submit quarterly accomplishment and other
pertinent reports to the DENR RO.
What are the compliance monitoring procedures for
environmentally critical projects:
1. Within ten (10) days after the issuance of the ECC, the
EMB shall furnish the DENR Regional Executive Director
(attention: RTD-EMPAS), the PENRO and the CENRO, a copy
of the ECC issued to an ECP within the area of
jurisdiction of the concerned Regional Office together
with the EIS executive summary and the environmental
management/monitoring plan.
2. Within ten (10) days after the receipt of the ECC, the
RTD together with the concerned PENRO shall convene a
meeting with the proponent to discuss and agree on
arrangements pertaining to the compliance of the
proponent to the ECC conditions.
3. The RTD, through the RED, shall submit to EMB a semi-
annual compliance monitoring report on the project.
4. The DENR Central Office or EMB shall conduct periodic
performance audit of the different DENR RO.
5. The regional office may request assistance from the
DENR Central Office or EMB in the implementation of the
compliance monitoring.
What are the operating guidelines for the conduct of
monitoring by the MMT?
� Monitoring activities shall be undertaken at least
quarterly by the MMT and monthly by the proponent. However,
the schedule may change under certain circumstances. For
instance, depending on the phases of the project (initial
construction, construction, operation, abandonment), on-site
inspections may be necessary at specific milestones (e.g.
completion of an access road or pollution control facility).
Projects that have previously been cited for violations
and/or complaints may require more frequent
inspections.
� DENR-approved methods of analysis as well as transport
and handling methods should be observed.
� Selection of sampling sites may be based on stations
identified in the EIS. However, other sites shall be
considered whenever appropriate.
� At least one (1) sample per site shall be collected and
analyzed by the DENR laboratory or DENR-recognized
laboratory.
� In case of question(s) on specific monitoring results,
a re-sampling may be undertaken by the MMT. The costs of
chemical analysis and logistical support for handling and
transport shall be chargeable against the Multipartite
Monitoring Fund. The number and cost of samples shall be
agreed upon on a case to case basis.
� All monitoring activities shall be photo-documented and
should accompany every monitoring report.
� Briefing of MMT members on the project status shall be
done by the Project Proponent prior to monitoring. A team
meeting may also be held right after monitoring to discuss
initial observations, concerns, findings and content(s) of
monitoring report.
� Another meeting may be called by the DENR as the MMT's
Chairman once the results of lab analysis are available to
discuss the results and draft recommendations and course of
actions needed to be undertaken by appropriate agencies or
entities.
� The Multipartite Monitoring Team has the option to call
experts to give technical advice.
Protocol Agreements
The MMT should agree on certain protocols to be observed in
actual monitoring work. The applicable DENR guidelines for
the conduct of monitoring shall guide the MMT in
establishing its protocol agreements.
Integration of MMT
Whenever applicable or appropriate, several MMT may be
combined or integrated for contiguous or adjacent
projects/undertakings. In such case, a joint Memorandum of
Agreement among the different operators must be executed.
Another option for the proponent would be to merged the
MMT/EMF and EGF committees of a firm. In such case, the
appropriate MOA shall also be executed.
Procedures for Documentation, Reporting and Public
Information Campaign
All monitoring activities of the MMT shall require the
completion of a findings report corresponding to the
specific conditions of the ECC. The periodic compliance
reports submitted by the proponent and the findings report
prepared by the compliance inspector (of DENR) or the MMT
are maintained on file at the EMB and DENR-RO.
� The Multipartite Monitoring Team shall prepare a
monitoring report and submit a copy to EMB or DENR RO, copy
furnished the Team members, within a month after the
completion of the monitoring activity. The monitoring report
shall be signed by all members of the Multipartite
Monitoring Team.
� All monitoring results to be used for publication or
press releases shall be reviewed and approved by majority of
the members. The DENR shall be the Team's Spokesperson,
unless otherwise designated by majority of the Team members.
� All environmental and pollution-related complaints
shall be coursed through the Team for validation,
deliberation and immediate necessary action.
� In the validation of public complaints or concerns that
may be attributed to project operations, the Team shall use
the monitoring results and assessment to make its
recommendations.
Records Keeping
The MMT as well as EMB or DENR-RO shall compile relevant
records, data, technical references and compliance
monitoring reports for each project being monitored. These
documents may be used for:
� documenting violations of proponents and
recommendations for issuance of a cancellation, suspension
order or revocation of the ECC.
� building the environmental database for different
project types to strengthen the accuracy of impact
prediction (of various environmental parameters).
� improving the preventive and mitigative measures
provided under the EMP.
Environmental Monitoring Plan
Based on the Monitoring Plan incorporated in the EMP and the
approved ECC, the MMT shall review and validate the
following:
� Coverage of Monitoring
� Frequency of Monitoring
� Standard procedures/methods of monitoring (e.g.
labelling, transport and handling of samples) and laboratory
analysis
� Selection of sampling stations
� Manpower requirements
� Logistics
Sectoral planning activities shall be determined to include
plans for the following:
� Air quality monitoring activities
� Water quality monitoring activities
� Biophysical monitoring activities
� Socio-economic monitoring activities
� Others identified
An annual monitoring work plan will be prepared and agreed
upon by the MMT.
Environmental Monitoring Fund
The monitoring fund as proposed by the proponent in the
Environmental Management Plan shall constitute the initial
monitoring fund upon approval by DENR.
On the basis of the overall work program and annual plan
agreed upon, the MMT shall validate and finalize the
required budget and resources that would constitute the
Environmental Monitoring Fund (EMF). The EMF fund shall be
set up by the Proponent and shall be replenishable.
The mechanics for the establishment of the EMF is discussed
in Chapter 9.
Section 12.0 of Article IV: Delegation of Monitoring
Responsibilities
The MMT may seek the assistance of experts in its
monitoring activities. However, such assistance shall not
absolve members of the MMT from their responsibilities under
the MOA.
In recognition of the technical nature of many aspects of
the monitoring work, the MMT may seek the assistance of
experts in its monitoring activities in cases when such
expertise cannot be provided from within the MMT. For
instance, a water pollution expert may be engaged to assist
in the sampling and interpretation of sampling results for a
wastewater treatment facility. In any case however, such
outside assistance shall not absolve the members of the MMT
from their responsibilities under the MOA.
Roles of the different institutions involved in the overall
environmental compliance monitoring system:
a) DENR-EMB
The Environmental Management Bureau (EMB) shall be
mainly responsible for policy formulation, evaluation
of monitoring results, and the provision of needed
support for the operationalization of the Multipartite
Monitoring Team. Whenever necessary, the EMB shall
provide technical assistance and participate in the
activities of the MMT.
b) DENR-Regional Office
The DENR Regional Office shall oversee the overall
monitoring work in the region. It shall coordinate
monitoring activities in the various provinces,
evaluate monitoring results and make recommendations or
take appropriate action to resolve issues or problems
which cannot be handled by the PENRO or CENRO, and
concurs with monitoring reports. It shall also provide
assistance in the initiation of the MMT. When
necessary, the Regional Office shall provide technical
assistance and participate in the activities of the
MMT.
c) DENR-PENRO
DENR PENRO shall coordinate the actual monitoring
activities at the provincial level. It shall chair the
MMT and evaluate monitoring results submitted by the
CENROs and resolve issues or problems at the field
level. When issues/problems are beyond its capacity to
respond, the PENRO shall forward the same to the
regional office for resolution.
d) DENR-CENRO
The CENRO shall chair the sectoral monitoring team for
projects under his jurisdiction. It shall be
responsible for undertaking actual monitoring
activities in coordination with the PENRO. It shall
submit regular monitoring reports to the PENRO and
shall act with dispatch on issues/problems that arise
relative to the projects being monitored in its area.
e) Project Proponent
The project proponent shall provide the necessary
budget or funds for the operationalization of the
monitoring activities such as manpower support
services, training needs, equipment, communications,
transportation and accommodation of the Multipartite
Monitoring Team Members. It shall make available to
the MMT all information relevant to the project to
determine compliance with the ECC. The proponent shall
grant permission to MMT members to inspect and observe
construction and operation activities of the project
including the testing, calibration and operation of
pollution control and in-house monitoring equipment. It
shall participate in actual monitoring activity and
concur with monitoring reports.
f) Local Government Units
The LGUs should be represented by the chief executives
or duly authorized representatives of the barangay,
municipality or province. Their responsibilities would
include the mobilization of sectoral teams,
participation in actual monitoring work and concurrence
with monitoring reports.
g) Affected Communities/Local Environmental NGOs/POs
The proponent, in coordination with the DENR, shall
initiate a meeting with the affected community
residents, interest groups and local environmental
organizations to designate their permanent
representative to the MMT. In exceptional cases and
upon concurrence of the DENR, more than one (1)
representative of the affected community residents may
be represented in the MMT. The permanent
representative(s) shall participate in the actual
monitoring activity and concur with sectoral monitoring
reports.
h) Relevant government agencies and other sectors
(academe, etc.)
Representatives from relevant government agencies,
academe, and other sectors shall, on an on-call basis,
provide the necessary expertise and participate in the
actual monitoring activity and concur with sectoral
monitoring reports.
Training Requirements of the MMT
The members of the MMT shall be trained on the different
aspects of monitoring work to equip them with the necessary
understanding and technical knowledge to undertake their
work. The proponent, in coordination with DENR, shall
undertake the following:
� Orientation on the Environmental Management Plan and
Sectoral Monitoring Plan
� Training Needs Assessment
� Development of Training Design
� Preparation of Training Materials
� Conduct of Training Workshops