The feasibility study stage is the perfect time to look at the environmental and social considerations in a planned PPP project, particularly if there is a need to construct a new hospital building or complex or significantly renovate an existing facility. There may also be social and cultural considerations depending on the location of a proposed PPP project. For example, some hospitals in Oriental Mindoro, Philippines, have built special Mangyan wards, in consideration of the Mangyan people who inhabit the province and are among the major indigenous groups in the Philippines.
Below are some of the Philippine environmental regulations that may cover PPP in health projects. Other countries will have their own environmental policies.
(i) Philippine Constitution (Sec. 16 Art. II)
(ii) Philippine Environmental Impact Statement System (PEISS)
• Presidential Decree (PD) 1151 (1977), PD 1586 (1978), Presidential Proclamation 2146 (1981)
• DENR Administrative Order (DAO) 21 (1992), DAO 96-37 (1996)
• DAO 03-30 (2003) further strengthens PEISS
• Department of Environment and Natural Resources Memorandum Circular (DENR MC) 14 (2010)
• DENR MC 05 (2011) incorporates disaster risk reduction and climate change
• Scoping as a requirement
• Major categories of projects:
º ECPs-environmentally critical projects
º ECAs-within environmentally critical areas (ECPs and ECAs require Environmental Compliance Certificate)
• Important considerations under the (environmental impact statement) EIS System
º EIS-required for ECPs (120 days)
º IEE-initial environmental examination for ECAs (caveat: an environmental impact statement may be required later on) (75 days)
º Accreditation of preparers
º Accountability of proponents and preparers
º Public participation and social acceptability
º Environmental Monitoring and Guarantee Fund
º EMF-Environmental Management Fund
º EGF-Environmental Guarantee Fund (for rehabilitation and compensation for damages)
º Review costs
º Filing fee: P310.00
º Processing fee: P1,750.00
º Legal and research fee: P70.00
º Other costs to be determined
º CNC-Certificate of Non-Coverage, if the project is deemed as falling outside the Environmental Impact Statement System
(iii) Policies governing health care waste management
• Joint DENR-Department of Health (DOH) AO 02 (2005) Policies and guidelines on management, treatment, and disposal of health care wastes
• Republic Act (RA) 4226 Hospital Licensure Act
• DOH AO 70-A Revised Rules and Regulations for RA 4226
• PD 856 (Code on Sanitation of the Philippines)
• DOH Dept. Circular 156-C (1993)
• DOH Memo No. 1-A (2001)
• RA 6969 An Act to Control Toxic Substances and Hazardous and Nuclear Wastes (1990)
• RA 9003 Ecological Solid Waste Management Act (2000)
• RA 8749 Clean Air Act (1990)
• Guideline on the incineration of hospital wastes (Supreme Court Ruling on DENR MC 05 (2002) Clarificatory Statement)
• RA 8275 Clean Water Act (2004)
• PD 984 Pollution Control Law
• DAO 35 Revised Effluent Standards
• PD 813, Executive Order 927, Laguna Lake Development Authority Board Resolution 408 (2011)-clearance process for projects within Laguna Lake