Republic of the Philippines

Transcription

1 Republic of the Philippines Department of Environment and Natural Resource ENVIRONMENTAL MANAGEMENT BUREAU Greenplains Subdivision, Banilad, Mandaue City Telephone No.(032) Fax No.(032) Visit us at April 11, 2018 ECC-OL-R Mr. Juan C. Dy, Jr. President Unit 804 Future Point Panay Ave., Quezon City Subject: ENVIRONMENTAL COMPLIANCE CERTIFICATE Dear Sir/Madam; This refers to the (ECC) application for the 15-Storey Commercial Building to be located at Ayala Business Park, Leyte Loop, Cebu City, Cebu. After satisfying the requirements of the said application, this Bureau has decided to grant an ECC for the above-mentioned project. Along with the issuance of this ECC, you are expected to implement the measures presented in the Initial Environmental Examination Checklist (IEEC). This is intended to protect and mitigate the project s adverse impacts on community health, welfare, and the environment. Environmental considerations shall be incorporated in all phases and aspects of this project. This Certificate does not create any right, nor be used as an authorization to implement the project. Hence, you are hereby directed to secure all the necessary permits from other pertinent government agencies, but not limited to the enumeration as stated in Annex B. Thereafter, submit the same to this Office for the issuance of notice of project implementation prior to any construction activities. You may proceed with the implementation only after securing all the necessary and relevant permits from other pertinent Government Agencies. This Office shall be monitoring the project periodically to ensure strict compliance with the stipulations cited in the attached ECC. Please be guided accordingly. Engr. William P. Cuñado Regional Director

2 Republic of the Philippines Department of Environment and Natural Resource ENVIRONMENTAL MANAGEMENT BUREAU Greenplains Subdivision, Banilad, Mandaue City Telephone No.(032) Fax No.(032) Visit us at ENVIRONMENTAL COMPLIANCE CERTIFICATE (Issued under Presidential Decree 1586) ECC-OL-R THIS IS TO CERTIFY THAT THE PROPONENT, MDC TOTAL MOMENTUM INC., represented by its President, Mr. Juan C. Dy, Jr., is granted this (ECC), for the 15-STOREY COMMERCIAL BUILDING located in, by the Department of Environment and Natural Resources (DENR), through the Environmental Management Bureau (EMB). SUBJECT ONLY to the conditions and restrictions set in this ECC and in the attached document labelled as Annexes A and B. This Certificate is issued with the following details: PROJECT DESCRIPTION The ECC covers the proposed 15-STOREY COMMERCIAL BUILDING with a land area of Six Hundred Ninety (690) square meters and Total Project/Building Footprint Area of Eleven Thousand Six Hundred Forty One (11,641) square meters to be located in Ayala Business Park, Leyte Loop Cebu City, Cebu, Region R07 with geographical coordinates of N Latitude and E Longitude. PROJECT COMPONENTS 1. Fifty Three (53) Units Office and Business Process Outsourcing - Six Thousand Four Hundred Seventy point Fifteen (6,470.15) square meters; 2. 2nd, 3rd and 5th Floor Parking Area - Two Thousand Two Hundred Twenty Six point Sixty Two (2,226.62) square meters; 3. Landscape Area & Open Space - One Thousand Nine Hundred Thirty Four point Sixty Six (1,934.66) square meters; 4. Transformer Room - Twenty Eight point Twenty Three (28.23) square meters; 5. Workers Barracks - Fifty (50) square meters; 6. Guard House - One point Eight (1.8) square meters; 7. Cistern Utility Area - Forty Seven point Ninety Five (47.95) square meters; 8. Genset Room - Forty Three point Sixty Eight (43.68) square meters; 9. Meter Center - Seventeen point Ninety Five (17.95) square meters; 10. Pipe Chase - One point Sixty Seven (1.67) square meters; 11. Thirteen (13) Units Main Stair 1 - One Hundred Eighty Seven point Ninety Two (187.92) square meters;

3 12. Eight (8) Units Fire Exit Stair 1 - One Hundred Forty Eight point Sixteen (148.16) square meters; 13. Eight (8) Units Electrical and Electronic Room - Thirty Four point Forty Eight (34.48) square meters; 14. Eight (8) Units Accu Deck - One Hundred Fifty Nine point Zero Four (159.04) square meters; 15. Ten (10) Units Comfort Rooms - One Hundred Eighty Six point Sixty One (186.61) square meters; 16. Nine (9) Units Electronic Rooms - Nine point Forty Five (9.45) square meters; 17. Three (3) Units Telecommunications Rooms - Thirty point Eighty Six (30.86) square meters; 18. Primary Wastewater Catchment (zero-discharge to public drainage or to any nearby waterbodies; discharge directed to the centralized Ayala Business Park Sewage Treatment Plant) Twenty Four (24) square meters; 19. Materials Recovery Facility (composting inside the project site, re-usable and recyclable materials will be sold to third party scrap buyers, adapt zero-waste disposal scheme) Four point Five (4.5) square meters and solid waste capacity of Five point Twenty Five (5.25) cubic meters; 20. Rainwater Cistern (rainwater harvesting for watering greeneries and other purposes) Thirty Three point Twenty Seven (33.27) square meters with a capacity of Seventeen Thousand (17,000) gallons; This Certificate is issued in compliance with the requirements of Presidential Decree No. 1586, and in accordance to DENR Administrative Order (D.A.O.) No Non-compliance with any of the provisions of this Certificate shall be a sufficient cause for the cancellation of this Certificate and/or imposition of a fine in an amount not to exceed Fifty Thousand Pesos (P50, ) for every violation thereof without prejudice to imposition of fines and penalties under other environmental laws. The EMB, however, is not precluded from reevaluating and correcting any deficiencies or errors that may be found after issuance of this Certificate. Issued at EMB-R07, Greenplains Subdivision, Banilad, Mandaue City this April 11, Recommending Approval: Engr. Ranzel A. Dioko OIC-Chief, Clearance & Permitting Division Approved: Engr. William P. Cuñado Regional Director

4 ACCOUNTABILITY STATEMENT I, Mr. Juan C. Dy, Jr., President, representing with office address located in Unit 804 Future Point Panay Ave., Quezon City takes full responsibility in complying with all conditions in this Environmental Compliance Certificate (ECC) relative to the 15-Storey Commercial Building in Ayala Business Park, Leyte Loop, Cebu City. Mr. Juan C. Dy, Jr. Signature TIN No. Subscribed and sworn before me this, the above-named affiant taking oath presenting, issued on at. Notary Public Doc. No. Page No. Book No. Series of

5 I. CONDITIONS Annex A ENVIRONMENTAL MANAGEMENT All commitments, mitigating measures and monitoring requirements, contained in the Initial Environmental Examination Checklist Report for the proposed (15-Storey Commercial Building), particularly in the Environmental Management Plan/ Environmental Monitoring Plan, including any modifications and/or additional information as approved by the EMB, shall be instituted to minimize any adverse impact of the project to the environment throughout its implementation, which shall include among others to wit: 1. Conduct an effective Information, Education and Communication (IEC) Program to inform and educate all stakeholders, especially its contractors, workers, and local residents about the mitigating measures embodied in its IEEC, the conditions stipulated in this Certificate and the environmental and human safety features of the project for greater awareness, understanding and sustained acceptance of the project. The program shall be submitted to EMB Regional Office on an annual basis; 2. Implement a Comprehensive Social Development Program (SDP) and submit a separate report together with the Compliance Monitoring Report (CMR) to the EMB RO on a semi-annual basis; 3. No cutting down of trees during project implementation, however, when clearing an area is unavoidable, a Tree Cutting Permit must be secured for affected trees from DENR-CENRO concerned, or earth-balled and transferred elsewhere per CENRO recommendation without prejudice to the filing of criminal complaint in consonance to the Presidential Decree (PD) 705, Executive Order (EO) 23 and other existing forestry laws, rules and regulations. Necessary documents such as clearance from the Secretary, balling permit etc., must be secured prior to the implementation of the project; 4. Establishment of a reforestation program using endemic/indigenous species to mitigate greenhouse gas (GHG) emissions of the project in line with the DENR s thrust for GHG emissions reduction programs and National Greening Program. The proponent shall establish a nursery program for the seedling production of One Hundred Seventy Three (173) in support to the Green Philippines Master Plan which will be utilized for tree planting activities. The proponent shall likewise submit an approved work and financial program (WFP) for the tree planting activities after one (1) month from the receipt of the approved ECC as well as an affidavit of execution by the proponent for the tree planting activities. However, if tree planting activities will be conducted by the 3rd party organization, the proponent shall submit copy of MOA between their 3rd party organization. As proof of compliance, geotagged pictures of the tree planting area and CENRO Certification should be secured and submitted to this Office accordingly;

6 5. Establishment of carbon sink programs such as the use of biochar to mitigate greenhouse gas (GHG) emission of the project in line with the DENR s thrust for GHG emission reduction programs; GENERAL CONDITIONS 6. The plant operations shall conform with the following provisions: a. RA 6969 (Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990); b. RA 8749 (Philippine Clean Air Act of 1999); c. RA 9003 (Ecological Solid Waste Management Act of 2000); d. RA 9275 (Philippine Clean Water Act of 2004); and e. Other relevant policies, rules and regulations such as stated in Annex B; 7. That a Material Recovery Facility (MRF) should be constructed within the project area within ninety (90) days from receipt of this Certificate. The MRF should accommodate the 5.25 cu.m. of solid waste generated from the subdivision operation. Composts shall be utilized as soil conditioner or fertilizer and recyclable materials shall be collected by private contractor. A zero waste management scheme shall be adapted to minimize disposal of garbage to LGU s disposal site; 8. The proponent should establish a Primary Wastewater Catchment within six (6) months from receipt of this Certificate to serve as holding tank for the wastewater generated and the effluent should be directed to the centralized sewage treatment of Ayala Business Park; 9. The proponent should establish a cistern tank or rainwater catchment with a a capacity of 17,000 gallons within ninety (90) days from receipt of this Certificate and rainwater collected shall be utilized for flushing toilets and plant watering to prevent storm run-off water overflowing to nearby areas or road networks; 10. The sludge generated from the WTF/septic vaults shall not be disposed of to any water body or public drainage. The proponent shall provide adequate treatment of sludge generated from the WTF/septic vaults or hire a third party treater for hauling and treatment of generated sludge. If the sludge will be treated thru a 3rd party treater, a MOA between the proponent and the third party treater shall be submitted to EMB7 before project operation and a Certificate of Treatment (COT) shall likewise be submitted within one (1) week after each hauling event. If the sludge will be treated onsite, disposal of sludge to any water body shall still be avoided, but instead same be used as fertilizer or soil conditioner or any other purpose as long as it will not cause any negative environmental impacts; 11. The proponent should ensure that whatever declared in the attached Site Development Plan (SDP) will be followed and implemented, especially the prescribed Wastewater Treatment Facility, Material Recovery Facility, Cistern Tank, Drainage System, and etc.. In case of change in engineering designs, the proponent should apply an amendment of the approved ECC based on the final and approved engineering designs prior project's implementation;

7 12. Creation of an Environmental Unit (EU) within sixty (60) days from issuance of this Certificate that shall competently handle the environment-related aspects of the project. In addition to the monitoring requirements as specified in the Environmental Management Plan/ Environmental Monitoring Plan, the EU shall have the following responsibilities: a. Monitor actual project impacts vis-à-vis the predicted impacts and management measures in the IEEC; b. Recommend revisions to the EMP/EMoP, whenever necessary subject to the approval of EMB RO; c. Ensure that data gathered during monitoring activities are properly documented, assessed, evaluated and reported to EMB in accordance with the standard formats; and, d. Ensure that monitoring and submissions of reports to EMB are carried out as required; 13. That a 2' x 4' billboard containing this message: Notice to the Public, This project (title of the project) of (Name of the proponent) has been issued an (ECC Number) by the Environmental Management Bureau of the Department of Environment and Natural Resources, Region VII. The billboard must be installed at all entry and exit points of the project facing the road to inform the general public before project implementation. A copy of the certificate shall also be posted by the Proponent at the barangay bulletin board of the affected barangays within thirty (30) days upon receipt hereof. An accomplishment report which shall be include picture verification of compliance to the posting of notices and the billboards shall be submitted to this Office within ninety (90) days from receipt of the ECC. The proponent shall provide copies of this Approved ECC to the following government agencies, to wit: DENR7-PENRO, DENR7-CENRO, DENR7-LMB, DENR-MGB, PENRO-Cebu Capitol, HLURB 7, DOH 7, DOLE 7, and LGUs concerned; 14. The proponent should allow entry of EMB-7 field personnel into the project site at all times to conduct tangible monitoring and to validate project s compliance to the ECC conditions stipulated therein; II. RESTRICTIONS 15. The proponent should secure a Notice to Proceed prior to project implementation of which requires the proponent to submit all necessary permits from other pertinent government agencies but not limited to as stated in Annex B, such as the following; Building Permit, Locational Clearance/Variance, DOLE, LGU Permits, DOH Permit, Tree Cutting Permit, CENRO Permit, EGGAR, Philippine Coconut Authority (PCA) Permit, and other applicable Environmental and Sanitation Permits among others, is required. No activity shall be conducted by the proponent at the project area without a Notice to Proceed from this Office; 16. No activities shall be undertaken other than what were stipulated in the IEEC. Should there be any expansion of the project beyond the project description or

8 any change in the activity or transfer of location shall be subject to a new Environmental Impact Assessment; and 17. In case of transfer of ownership of this project, these same conditions and restrictions shall apply and the transferee shall be required to notify the EMB Regional Office within fifteen (15) days from the transfer of ownership to allow the necessary changes brought about by such transfer.

9 Annex B PROJECT ASSESSMENT PLANNING TOOL For the assistance of the Proponent and the Government agencies concerned in the management of the Project and for better coordination in mitigation of the impacts of the Project on its surrounding areas and the environment, and by way of recommendation, forwarding these recommendations to the parties and authorities concerned for appropriate action. OTHER REGULATORY REQUIREMENTS/CONDITIONS 1. Compliance with the Sanitation Code of the Philippines; 2. Compliance with the Labor Code of the Philippines 3. Compliance with the Building Code of the Philippines 4. Compliance with the Ecological Solid Waste Management Act. CONCERNED GOVERNMENT AGENCIES/ENTITIES DOH / LGU Concerned DOLE Bureau of working condition LGU Concerned LGU Concerned 5. Secure tree cutting permit FMB DENR 7 6. Administer, survey, manage, and dispose alienable and disposable (A&D) lands and other government lands not placed under the jurisdiction of other government agencies. LMD DENR 7 ENVIRONMENTAL PLANNING RECOMMENDATIONS FOR THE PROPONENT 7. Priority of employment shall be given to qualified local residents. Adequate public information for jobs available to local residents in the affected areas shall be provided; Engr. Ranzel A. Dioko OIC-Chief, Clearance & Permitting Division Engr. William P. Cuñado Regional Director