Assessment of Monitoring Compliance to Environmental Compliance Certificate (ECC) Conditions: Two Cases in Metro Dumaguete, Negros Oriental, Philippines

Abstract

Project proponents are mandated by the Philippine Environmental Impact Statement (PEIS) System through the issuance of the Environmental Compliance Certificate (ECC) to prepare Environmental Management Plans (EMPs) and Environmental Monitoring Plans (EMoPs). But studies have indicated that organizations would go through the Environmental Impact Assessment (EIA) process in order to obtain an ECC with none to limited follow-through in terms of implementing the EMPs and EMoPs. The focus of this study is to examine the actual environmental compliance monitoring conducted by Orient Foods Industries Corporation (OFIC), a food processing facility that is not strictly covered or does not need to undergo the process of the Environmental Impact Assessment (EIA) and get an ECC; Dumaguete Business Park Incorporated (DBPI), that owns and manages a property intended for mixed-use development, thus required to have an ECC; and the Provincial Environmental Management Unit (PEMU) of the Environmental Management Bureau (EMB) that monitors projects in Negros Oriental and Siquijor. The research design adopts a qualitative case study that looks into pertinent documents, conducts interviews of key personnel, and observes the site of OFIC, DBPI, and the EMB PEMU. The collected data are subjected to thematic and cross- case comparison analysis in order to characterize the policies or practices in monitoring environmental compliance as well as assessing its extent and frequency, and identifying implementation gaps and constraints. The result of the investigation shows contrasting environmental compliance monitoring practices. OFIC is not strictly covered, but it has an in-house Pollution Control Officer (PCO) that manages and monitors the facility’s environmentalrequirements by undergoing regular testing of air and water quality and wastewater treatment, submission of self-monitoring reports, and coordination with the EMB for the issuance of its permits and other regulatory requirements. DBPI, on the other hand, is covered by the PEIS system documentary requirements and was issued an ECC. But it has not fully implemented the conditions that were laid down in the ECC, such as organizing a Multi-Partite Monitoring Team, and does not have an accredited PCO or similar technical personnel appointed to manage environmental compliance. The main problem lies in the fact that when the ECC was granted to DBPI, there was no proper turnover of the documents to the new management during organizational transition. The EMB PEMU has a very lean staff, comprising only of two (2) personnels that include the unit head. With the vast workload of monitoring the entire Negros Oriental province and Siquijor, it became a challenge for this local regulatory agency to do field inspections, reports, and providing guidance and follow-up to project proponents. The findings indicate that the success of the PEIS system is not only about a project having an ECC and its accompanying strict monitoring requirement, but it also depends on how fully committed and capable the project proponents are as well as the effectiveness of the EMB PEMU to monitor, guide, and ensure that conditions are followed. The study concludes that the monitoring phase is where the PEIS system is put to the test. In projects granted with an ECC, inadequate staffing, poor communication channels and internal systems can pose as a significant challenge to compliance. Consequently, the study recommends that the EMB PEMU should augment its workforce, enhance its presence in the field, and implement systems to help proponents get oriented and be reminded about the roles of the Multi-PartiteMonitoring Teams and the PCO. Furthermore, the study suggests having clear guidelines on delineating the responsibilities of personnel involved in ECC-related tasks when management changes. Finally, the study recommends conducting further in-depth research on how to monitor compliance in other areas and places.