Saturday, December 5, 2009

Okay all you musicians, I need some help.?

Music has always been a big part of my life, but for the last few years I have been unable to play my cello b/c the cartiledge in my bow hand's thumb has disintergrated (OW!). I need to find an intrument (not brass) that I can play that wont use the thumb of my right hand Suggestions?



I am putting this under performing arts, but it should be in mental health b/c music is my way to relax and get centered.



Okay all you musicians, I need some help.?movie theatre



There can be ways to get around the use of thumb sometimes:



for clarinet, (B flat/A soprano) there are neck straps and special thumb rests that use the whole hand instead of the right thumb to support the instrument. Same with sax. (But the repertoire for clarinet is much better!!)



Percussion is also an option because there are so many different types of instruments and many different techniques.



Okay all you musicians, I need some help.?playhouse opera theater



Well, French horn is brass, but you only need the put the right hand in the bell.



All wind instruments need the right thumb to hold and support the instrument. Flute, oboe, clarinet, bassoon.



Trumpet needs thumb support for holding.



So French horn is probably the only instrument which doesn't need the right thumb.



Great instrument, too if you have a good ear.



Nancy
Bass guitar.



You can play it with the three fingers of the right hand.



I think if you go to a music store you will find the voicing of the fretless bass to be very much like your cello. Once you adust to the different tuning you will be able to use your musical knowledge and really be a fine bass player
I had a similar problem but it was carpal tunnel/tendonitis in the bowing hand. There's guitar which I don't think uses the right thumb or you could just avoid using the right thumb. The oboe is very light and you could use a strap to alleviate pressure.
i agree with the person above me, but the piccolo is so small that supporting it wouldnt be an issue i dont think. Good luck!

Ex wife stonewalling me from contact with kids?

My ex wife, the performing arts major, put on a production for the courts last year while I was away tending to my elderly father who had 4 surgeries last year. She was mad at me for not taking her back after she cheated on me, divorced me and I found a NICE woman for the last 3 years.



To get back on subject, she took advantage of the situation and her lawyer was able to get my continuance request denied for trial. They held the trial without me there to defend myself, and the judge ruled in her favor. So they took away my weekend visitation rights and replaced them with supervised, armed and monitored half-hour visits at one of those jail like centers, BUT ITS 3 HOURS AWAY FROM ME!! I said forget it.



I have been calling the kids but she does not let them answer, and she even blocked my phone number. I send them letters/gifts, and have offered to see them again under normal terms, but its been a year and she wont do anything nice yet.



Ex wife stonewalling me from contact with kids?imax theater



grow up.



first off, you are not telling the whole truth to the situation. How do I know you are lying? Because they don't order ARMED supervised visits with children.



Fact of the matter is, you didn't show up at court - and you can't use taking care of your dad as an excuse - you could have made arrangements for his care if the kids were important to you...like maybe this "nice" woman you are with...



The fact you refuse to see your kids just because it will have to be supervised visitation is pathetic. Your actions, or rather non action, by not going to court put you in the poistion you are in now - therefore, in order to see your children and be a part of their lives, you have to jump through the hoops the court has ordered - you brought it on ALL BY YOURSELF.



why are you afraid of a psych eval? If you don't have any psych issues, then you should be saying "go for it!" knowing they will find you have no mental issues.



Fact of the matter is, she doesn't have to be "nice" or let you see your kids or give them your gifts - if you won't do the simple thing and comply with the court order to prove you are a reasonable person who deserves time with the kids - then you are out of luck and need to quit the "victim" crap.



Ex wife stonewalling me from contact with kids?classical music opera theater



You're not remotely portraying a fair picture of the situation, are you?



This is simply untrue or the product of someone who has lost all sense of reality because of their emotions.



Maybe you should take a step back and think about this from both sides before posting another question on the same subject.
Another crazy ex...gosh! There are so many of these ridiculous women all around...just gotta vent out the frustrations! Good luck to you.
You are going to hae to go back to court or the situation will never change.
Talk to your lawyer. Try getting the lawyer to use the argument that no matter what has gone on with you and her, the children have the right not to suffer and be used as pawns in the problem and they have the right to see their father. However, under UK law, the mother has the ultimate and final say in anything to do with raising her children and who (if anyone) does that with her, even if the father has parental responsibility. In the case of conflict, usually the mother gets the last say so you need a clever lawyer to convince her and her lawyer that you should be able tosee them. As for the three hour drive each way, isn't half an hour better than nothing and as such make the best of any chance you get to see them. It will stand in your favour with the courts.
I read an interesting article on how negatively divorce affects men in this country. Divorce will put you in crisis mode. They say the five top crisis are the death of a child, losing a spouse, change in finances, losing a home, and losing a relationship with a child. In divorce you are faced with each one except the first. I can only imagine how hard this is for you. My father cheated on my mother, but at least she got the kids. You are fortunate to have someone. I would reccommend you contact a therapist, a lawyer, and a support group. Good luck, and know you are not alone.
I'm not an attorney but either she's nuts or you're not telling us the entire story. Why would a judge go along with "supervised, armed and monitored half-hour visits at one of those jail like centers"?



If she's nuts, spend the big bucks and get an attorney who is better than hers. Your kids are worth every penny of it.
you should have shown up at the trial. there was absolutely no excuse for you not to be there. if your child was in the hospital due to life threatening circumstances, would you have used that same excuse? something went on for them to go to such lengths to protect the children. and you are refusing to be a father because it is not on your tems. if you wanted any terms, you would have shown up at trial. you could have gone to the supervised visits, then after six months asked for a modification for more leeway in visitation. then eventually overnight visits. and weekends. but you screwed up. take the pshycological exam. do the visitation and work your way up.



you made a huge mistake. now there is nothing left but to do damage control.
I agree that you should take her to court. The games that she plays are only hurting the kids. Fight her with the law and make sure your available for all of your hearings. Good Luck!

Is the American Festival of the Fine Arts legit?

I auditioned and "won" but am not sure if it's worth paying for the flight to NYC and performance fee. 500 auditioned around the country and their website says "hundreds" perform every year. I'd be at German Cultural Center, not Carnegie Hall. Anyone have experience with this or can give me advice? Their website is http://afafestival.org/



Is the American Festival of the Fine Arts legit?dream theater



Do I understand correctly that they are asking YOU to pay a performance fee? If that is the case, then this organization is not legitimate. If they were, they'd be paying you.

Economical San Francisco hotel near Union Square?

We have a family member performing at the Yerba Buena Center for the Arts (3rd %26amp; Mission Street). Seeking a room for around $100 - $125. per night.



Economical San Francisco hotel near Union Square?amc theatre



Try here:



http://www.sanfrancisco-budgethotel.com/



Economical San Francisco hotel near Union Square?symphony opera theater



Forget Union Square. It's not that close to Yueba Gardens and way too expensive. Try the Merriots on 4th and Mission St. Go thru a service like Orbitz.com or Priceline.com to get the lowest price possible. Good luck.
Go on Priceline and type the second to highest rating of places in SOMA (or Eastern SOMA, you'll know by the map). Choose $75 as your price and you'll get a room. If not, sign in again with a different email address and then go for $100.
You can try www.hotelbooklet.com which compares more than 30 popular hotel reservations sites and shows all available deals!

What is the website that has showings of every musical being performed in the US from high school to

For example, if you search for "bye bye birdie", it will list something like:



AUG 6-12 Omaha Center of the arts Omaha, NE



SEP 13-17 Cedar Crest High School Lebanon, PA



SEP 28-30 Branson Playhouse Branson, MO



etc...



What is the website that has showings of every musical being performed in the US from high school to broadway?imax theatre



I don't think there is one website. The only place that info would be available would be from the publisher or whomever owns the rights to the musical. As each time a show is preformed you need to be certain to have rights to preform the show or you could be fined.



What is the website that has showings of every musical being performed in the US from high school to broadway?performing show opera theater



Yes there isn't one web site. If you find it, definitely let me know.



www.ibdb.com



www.theatermania.com



Great sites
try stageagent.com

Give me your opinion insights and summary or how you understand this..?

CHAPTER 1



GENERAL PROVISIONS



Article One



Basic Air Quality Policies



SECTION 1. Short Title. - This Act shall be known as the "Philippine Clean Air Act of 1999".



SECTION 2. Declaration of Principles. - The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.



The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems.



The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based.



The State also recognizes the principle that "polluters must pay".



Finally, the State recognizes that a clean and healthy environment is for the good of all and should therefore be the concern of all.



SECTION 3. Declaration of Policies. - The State shall pursue a policy of balancing development and environmental protection. To achieve this end, the frame work for sustainable development shall be pursued. It shall be the policy of the State to:



a. Formulate a holistic national program of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities;



b. Encourage cooperation and self-regulation among citizens and industries through the application of market-based instruments;



c. Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution;



d. Promote public information and education and to encourage the participation of an informed and active public in air quality planning and monitoring; and



e. Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity. This shall include the setting up of a funding or guarantee mechanism for clean-up and environmental rehabilitation and compensation for personal damages.



SECTION 4. Recognition of Rights. - Pursuant to the above-declared principles, the following rights of citizens are hereby sought to be recognized and the State shall seek to guarantee the enjoyment:



a. The right to breathe clean air;



b. The right to utilize and enjoy all natural resources according to the principles of sustainable development;



c. The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and in the decision-making process;



d. The right to participate in the decision-making process concerning development policies, plans and programs projects or activities that may have adverse impact on the environment and public health;



e. The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous substances;



f. The right of access to public records which a citizen may need to exercise his or her rights effectively under this Act;



g. The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and to seek the imposition of penal sanctions against violators of environmental laws;and



h. The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a project or activity.



Article Two



Definition of Terms



SECTION 5. -Definitions.- As used in this Act:



a.) "Air pollutant" means any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the inert gases in their natural or normal concentrations, that is detrimental to health or the environment, which includes but not limited to smoke, dust, soot, cinders, fly ash, solid particles of any king, gases, fumes, chemical mists, steam and radioactive substances;



b.) "Air pollution" means any alteration of the physical, chemical and biological properties of the atmospheric air, or any discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to render the air resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes;



c.) "Ambient air quality guideline values" means the concentration of air over specified periods classified as short-term and long-term which are intended to serve as goals or objectives for the protection of health and/or public welfare. These values shall be used for air quality management purposes such as determining time trends, evaluating stages of deterioration or enhancement o the air quality, and in general, used as basis or taking positive action in preventing, controlling, or abating air pollution;



d.) "Ambient air quality" means the general amount of pollution present in a broad area; and refers to the atmosphere's average purity as distinguished from discharge measurements taken at the source of pollution;



e.) "Certificate of Conformity" means a certificate issued by the Department o Environment and Natural Resources to a vehicle manufacturer/assembler or importer certifying that a particular new vehicle or vehicle type meets the requirements provided under this Act and its rules and regulations;



f.) "Department" means the Department of Environment and Natural Resources;



g.)" Eco-profile" means the geographic-based instrument for planners and decision makers which present an evaluation of the environment quality and carrying capacity of an area. It is the result of the integration of primary data and information on natural resources and antropogenic activities on the land which evaluated by various environmental risk assessment and forecasting methodologies that enable the Department to anticipate the type of development control necessary in the planning area.



h.)" Emission" means any air contaminant, pollutant, gas stream or unwanted sound from a known source which is passed into the atmosphere;



i.) " Greenhouse gases" means those gases that can potentially or can reasonably be expected to induce global warming, which include carbon dioxide, oxides of nitrogen, chloroflourocarbons, and the like;



j.) "Hazardous substances" means those substances which present either : (1) short-term acute hazards such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire explosion; or (2) long-term toxicity upon repeated exposure, carcinogecity (which in some cases result in acute exposure but with a long latent period), resistance to detoxification process such as biodegradation, the potential to pollute underground or surface waters;



k.)" Infectious waste " means that portion of medical waste that could transmit an infectious disease;



l.)" Medical waste" means that materials generated as a result of patient diagnosis, treatment, or immunization of human beings or animals;



m.) " Mobile source" means any vehicle propelled by or thorough combustion of carbon-based or other fuel, constructed and operated principally for the conveyance of persons or the transportation of property goods;



n.) " Motor vehicle" means any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal power, constructed and operated principally for the conveyance of persons or the transportation of property or goods in a public highway or street open to public use;



o.) " Municipal waste" means the waste materials generated from communities within a specific locality;



p)." New vehicle" means a vehicle constructed entirely from new parts that has never been sold or registered with the DOTC or with the appropriate agency or authority, and operated on the highways of the Philippines, any foreign state of country;



q.) " Octane Rating or the Anti-Knock Index(AKI)" means the rating of the anti-knock characteristics of a grade or type of automotive gasoline as determined by dividing by two (2) the sum of the Research Octane Number (RON), plus the Motor Octane Number (MON); the octane requirement, with respect to automotive gasoline for use in a motor vehicle or a class thereof , whether imported, manufactured, or assembled by a manufacturer, shall refer to the minimum octane rating of such automotive gasoline which such manufacturer recommends for the efficient operation of such motor vehicle, or a substantial portion of such class, without knocking;



r.) " Ozone Depleting Substances (ODS)" means those substances that significantly deplete or otherwise modify the ozone layer in a manner that is likely to result in adverse effects of human health and the environment such as , but not limited to , chloroflourocarbons, halons and the like;



s.) "Persistent Organic Pollutants (POPs)" means the organic compounds that persist in the environment, bioaccumulate through the food web, and pose a risk of causing adverse effects to human health and the environment. These compounds resist photolytic, chemical and biological degradation, which shall include but not be limited to dioxin, furan, Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphere and chlordane;



t.) "Poisonous and toxic fumes" means any emissions and fumes which are beyond internationally-accepted standards, including but not limited to the World Health Organization (WHO) guideline values;



u. " Pollution control device " means any device or apparatus used to prevent, control or abate the pollution of air caused by emissions from identified pollution sources at levels within the air pollution control standards established by the Department;



v.) " Pollution control technology" means the pollution control devices, production process, fuel combustion processes or other means that effectively prevent or reduce emissions or effluent;



w.) " Standard of performance " means a standard for emissions of air pollutant which reflects the degree of emission limitation achievable through the application of the best system of emission reduction, taking into account the cost of achieving such reduction and any non-air quality health and environmental impact and energy requirement which the Department determines, and adequately demonstrates; and



x.) " Stationary source" means any building or immobile structure, facility or installation which emits or may emit any air pollutant.



CHAPTER 2



AIR QUALITY MANAGEMENT SYSTEM



Article One



General Provisions



SEC. 6. Air Quality Monitoring and Information Network - The Department shall prepare an annual National Air Quality Status Report which shall be used as the basis in formulating the Integrated Air Quality Improvement Framework, as provided for in Sec. 7. The said report shall include, but shall not be limited to the following:



a.) Extent of pollution in the country, per type of pollutant and per type of source, based on reports of the Department's monitoring stations;



b.) Analysis and evaluation of the current state, trends and projections of air pollution at the various levels provided herein;



c.) Identification of critical areas, activities, or projects which will need closer monitoring or regulation;



d.) Recommendations for necessary executive and legislative action; and



e.) Other pertinent qualitative and quantitative information concerning the extent of air pollution and the air quality performance rating of industries in the country.



The Department, in cooperation with the National Statistical Coordination Board (NSCB), shall design and develop an information network for data storage, retrieval and exchange.



The Department shall serve as the central depository of all data and information related to air quality.



SEC. 7. Integrated Air Quality Improvement Framework.- The Department shall within six (6) months after the effectivity of this Act, establish, with the participation of LGUs, NGOs, POs, the academe and other concerned entities from the private sector, formulate and implement the Integrated Air Quality Improvement Framework for a comprehensive air pollution management and control program. The framework shall, among others, prescribe the emission reduction goals using permissible standards, control strategies and control measures to undertaken within a specified time period, including cost-effective use of economic incentives, managements strategies, collective actions, and environmental education and information.



The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint with which all government agencies must comply with to attain and maintain ambient air quality standards.



SEC. 8 Air Quality Control Action Plan- Within six (6) months after the formulation of the framework, the Department shall, with public participation, formulate and implement an air quality control action plan consistent with Sec. 7 of this Act. The action plan shall :



a.) Include enforceable emission limitations and other control measures, means or techniques, as well as schedules and time tables for compliance, as may be necessary or appropriate to meet the applicable requirements of this Act;



b.) Provide for the establishment and operation of appropriate devices, methods, systems and procedures necessary to monitor, compile and analyze data on ambient air quality;



c.) Include a program to provide for the following : (1) enforcement of the measures described in subparagraph (a);(2) regulation of the modification and construction of any stationary source within the areas covered by the plan, in accordance with land use policy to ensure that ambient air quality standards are achieved;



d). Contain adequate provisions, consistent with the provisions of this Act, prohibiting any source or other types of emissions activity within the country from emitting any air pollutant in amounts which will significantly contribute to the non-attainment or will interfere with the maintenance by the Department of any such ambient air quality standard required to be included in the implementation plan to prevent significant deterioration of air quality or to protect visibility;



e.) Include control strategies and control measures to be undertaken within a specified time period, including cost effective use of economic incentives, management strategies, collection action and environmental education and information;



f.) Designate airsheds; and



g.)All other measures necessary for the effective control and abatement of air pollution.



The adoption of the plan shall clarify the legal effects on the financial, manpower and budgetary resources of the affected government agencies, and on the alignment of their programs with the plans.



In addition to direct regulations, the plan shall be characterized by a participatory approach to the pollution problem. The involvement of private entities in the monitoring and testing of emissions from mobile and/or stationary sources shall be considered.



Likewise, the LGU's, with the assistance from the Department, shall prepare and develop an action plan consistent with the Integrated Air Quality Improvement Framework to attain and maintain the ambient air quality standards with their respective airsheds as provided in Sec. 9 hereof.



The local government units shall develop and submit to the Department as procedure for carrying out the action plan for their jurisdiction. The Department, however, shall maintain its authority to independently inspect the enforcement procedure adopted. The Department shall have the power to closely supervise all or parts of the air quality action plan until such time the local government unit concerned can assume the function to enforce the standards set by the Department.



A multi-sectoral monitoring team with broad public representation shall be convened by the Department for each LGU to conduct periodic inspections of air pollution sources to assess compliance with emission limitations contained in their permits.



SEC. 9 Airsheds. - Pursuant to Sec. 8 of this Act, the designation of airsheds shall be on the basis of, but not limited to, areas with similar climate, meteorology and topology which affect the interchange and diffusion of pollutants in the atmosphere, or areas which share common interest or face similar development programs, prospects or problems.



For a more effective air quality management, a system of planning and coordination shall be established and a common action plan shall be formulated for each airshed.



To effectively carry out the formulated actions plans, a Governing Board is hereby created, hereinafter referred to as the Board.



The Board shall be headed by the Secretary of the Department of Environment and Natural Resources as chairman. The members shall be as follows:



a.) Provincial Governors from areas belonging to the airshed;



b.) City/Municipal Mayors from areas belonging to the airshed;



c.) A representative from each concerned government agency;



d.) Representatives from people's organizations;



e.) Representatives from non-government organizations; and



f.) Representatives from the private sector.



The Board shall perform the following functions:



a.) Formulation of policies;



b.) Preparation of a common action plan;



c.) Coordination of functions among its members; and



d.) Submission and publication of an annual Air Quality Status Report for each airshed.



Upon consultation with appropriate local government authorities, the Department shall, from time to time, revise the designation of airsheds utilizing eco-profiling techniques and undertaking scientific studies.



Emissions trading may be allowed among pollution sources within an airshed.



SEC. 10. Management of Nonattainment Areas.- The Department shall designate areas where specific pollutants have already exceeded ambient standards as nonattainment areas. The Department shall prepare and implement a program that will prohibit new sources of exceeded air pollutant without a corresponding reduction in existing resources.



In coordination with other appropriate government agencies, the LGUs shall prepare and implement a program and other measures including relocation, whenever necessary, to protect the health and welfare of residents in the area.



For those designated as nonattainment areas, the Department, after consultation with local government authorities, nongovernment organizations (NGOs), people's organizations (POs) and concerned sectors may revise the designation of such areas and expand its coverage to cover larger areas depending on the condition of the areas.



SEC. 11 Air Quality Control Techniques - Simultaneous with the issuance of the guideline values and standards, the Department, through the research and development program contained in this Act and upon consultation with appropriate advisory committees, government agencies and LGUs, shall issue, and from time to time, revise information on air pollution control techniques. Such information shall include:



a.) Best available technology and alternative methods of prevention, management and control of air pollution;



b.) Best available technology economically achievable which shall refer to the technological basis/standards for emission limits applicable to existing, direct industrial emitters of nonconventional and toxic pollutants; and



c.) Alternative fuels, processes and operating methods which will result in the eliminator or significant reduction of emissions.



Such information may also include data relating to the cost of installation and operation, energy requirements, emission reduction benefits, and environmental impact or the emission control technology.



The issuance of air quality guideline values, standards and information on air quality control techniques shall be made available to the general public : Provided, That the issuance of information on air quality control techniques shall not be construed as requiring the purchase of certain pollution control devices by the public.



SECTION 12. Ambient Air Quality Guideline Values and Standards.- The Department, in coordination with other concerned agencies, shall review and or revise and publish annually a list of hazardous air pollutants with corresponding ambient guideline values and / or standard necessary to protect health and safety, and general welfare. The initial list and values of the hazardous air pollutants shall be as follows :



a.) For National Ambient Air Quality Guideline for Criteria Pollutants :



Short Term a



Long Term b



Pollutants 渭g/Ncm ppm Averaging Time 渭g/Ncm ppm Averaging Time



Suspended Particulate Matterc-TSP 230d 24 hours 90 -- 1 yeare



-PM-10 150f 24 hours 60 -- 1 yeare



Sulfur Dioxidec 180 0.07 24 hours 80 0.03 1 year



Nitrogen Dioxide 150 0.08 24 hours -- -- --



Photochemical Oxidants 140 0.07 1 hour -- -- ---



As Ozone 60 0.03 8 hours -- -- --



Carbon Monoxide 35 30 1 hour -- -- --



mg/Ncm



10 9 8 hours -- -- --



mg/Ncm



Leadg 1.5 -- 3 monthsg 1.0 -- 1 year



a.Maximum limits represented by ninety-eight percentile (98%) values not to be exceed more than once a year.



b. Arithmetic mean



c. SO2 and Suspended Particulate matter are sampled once every six days when using the manual methods. A minimum of twelve sampling days per quarter of forty-eight sampling days each year is required for these methods. Daily sampling may be done in the future once continuous analyzers are procured and become available.



d. Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50 um.



e. Annual Geometric Mean



f. Provisional limits for Suspended Particulate Matter with mass median diameter less than 10 microns and below until sufficient monitoring data are gathered to base a proper guideline.



g. Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three moving calendar months. The monitored average value for any three months shall not exceed the guideline value.



b) For National Ambient Air Quality Standards for Source Specific Air Pollutants from :



Industrial Sources/ Operations:



Pollutants1



Concentration2



Averaging time (min.)



Method of Analysis/ Measurement3



渭/Ncm ppm



1. Ammonia 200 0.28 30 Nesselerization/ Indo Phenol



2. Carbon Disulfide 30 0.01 30 Tischer Method



3. Chlorine and Chlorine Compounds expressed as Cl2 100 0.03 5 Methyl Orange



4. Formaldehyde 50 0.04 30 Chromotropic acid Method or MBTH Colorimetric Method



5. Hydrogen Chloride 200 0.13 30 Volhard Titration with Iodine Solution



6. Hydrogen Sulfide 100 0.07 30 Methylene Blue



7. Lead 20 30 AASc



8. Nitrogen Dioxide 375,260 0.20,0.14 30,60 Greiss- Saltzman



9. Phenol 100 0.03 30 4-Aminoantiphyrine



10. Sulfur Dioxide 470, 340 0.18, 0.13 30,60 Colorimetric-Pararosaniline



11. Suspended Particulate



Matter-TSP 300 -- 60 Gravimetric



1 Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations may be considered as guides in determining compliance.



2 Ninety- eight percentile (98%) values of 30-minute sampling measured at 250C and one atmosphere pressure.



3 Other equivalent methods approved by the Department may be used.



The basis in setting up the ambient air quality guideline values and standards shall reflect, among others, the latest scientific knowledge including information on :



a) Variable, including atmospheric conditions, which of themselves or in combination with other factors may alter the effects on public health or welfare of such air pollutant;



b) The other types of air pollutants which may interact with such pollutant to produce an adverse effect on public health or welfare; and



c) The kind and extent of all identifiable effects on public health or welfare which may be expected from presence of such pollutant in the ambient air, in varying quantities.



The Department shall base such ambient air quality standards on World Health Organization (WHO) standards, but shall not be limited to nor be less stringent than such standards.



SEC. 13. Emission Charge System. - The Department, in case of industrial dischargers, and the Department of Transportation and Communication (DOTC), in case of motor vehicle dischargers, shall, based on environmental techniques, design, impose on and collect regular emission fees from said dischargers as part of the emission permitting system or vehicle registration renewal system, as the case may be. The system shall encourage the industries and motor vehicles to abate, reduce, or prevent pollution. The basis of the fees include, but is not limited to, the volume and toxicity of any emitted pollutant. Industries, which shall install pollution control devices or retrofit their existing facilities with mechanisms that reduce pollution shall be entitled to tax incentives such as but not limited total credits and/or accelerated depreciation deductions.



SEC. 14 Air Quality Management Fund. - An Air Quality Management Fund to be administered by the Department as a special account in the National Treasury is hereby established to finance containment, removal, and clean-up operations of the Government in air pollution cases, guarantee restoration of ecosystems and rehabilitate areas affected by the acts of violators of this Act, to support research, enforcement and monitoring activities and capabilities of the relevant agencies, as well as to provide technical assistance to the relevant agencies. Such fund may likewise be allocated per airshed for the undertakings herein stated.



The Fund shall be sourced from the fines imposed and damages awarded to the Republic of the Philippines by the Pollution Adjudication Board (PAB), proceeds of licenses and permits issued by the Department under this Act, emission fees and from donations, endowments and grants in the forms of contributions. Contributions to the Fund shall be exempted from donor taxes and all other taxes, charges or fees imposed by the Government.



SEC. 15. Air Pollution Research and Development Program. - The Department, in coordination with the Department of Science and Technology (DOST), other agencies, the private sector, the academe, NGO's and PO's, shall establish a National Research and Development Program for the prevention and control of air pollution. The Department shall give special emphasis to research on and the development of improved methods having industry-wide application for the prevention and control of air pollution.



Such a research and development program shall develop air quality guideline values and standards in addition to internationally-accepted standards. It shall also consider the socio-cultural, political and economic implications of air quality management and pollution control.



ARTICLE TWO



Air Pollution Clearances and Permits for Stationary Sources



Sec. 16. Permits. Consistent with the provisions of this Act, the Department shall have the authority to issue permits as it may determine necessary for the prevention and abatement of air pollution.



Said permits shall cover emission limitations for the regulated air pollutants to help attain and maintain the ambient air quality standards. These permits shall serve as management tools for the LGUs in the development of their action plan.



SEC. 17 Emission Quotas. The Department may allow each regional industrial center that is designated as special airshed to allocate emission quotas to pollution sources within its jurisdiction that qualify under an environmental impact assessment system programmatic compliance program pursuant to the implementing rules and regulations of Presidential Decree No. 1586.



SEC. 18. Financial Liability for Environmental Rehabilitation. As Part of the environmental management plan attached to the environmental compliance certificate pursuant to Presidential Decree No. 1586 and rules and regulations set therefore, the Department shall require program and project proponents to put up financial guarantee mechanisms to finance the needs for emergency response, clean-up rehabilitation of areas that may be damaged during the program or project's actual implementation. Liability for damages shall continue even after the termination of a program or project, where such damages are clearly attributable to that program or project and for a definite period to be determined by the Department and incorporated into the environmental compliance certificate.



Financial liability instruments may be in the form a trust fund, environmental insurance, surety bonds, letters of credit, as well as self-insurance. The choice of the guarantee instruments shall furnish the Department with evidence of availment of such instruments.



ARTICLE THREE



Pollution from Stationary Sources



SEC. 19. Pollution From Stationary Sources.- The Department shall, within two (2) years from the effectivity of this Act, and every two (2) years thereafter, review, or as the need therefore arises, revise and publish emission standards, to further improve the emission standards for stationary sources of air pollution. Such emission standards shall be based on mass rate of emission for all stationary source of air pollution based on internationally accepted standards, but not be limited to, nor be less stringent than such standards and with the standards set forth in this section. The standards, whichever is applicable, shall be the limit on the acceptable level of pollutants emitted from a stationary source for the protection of the public's health and welfare.



With respect to any trade, industry, process and fuel-burning equipment or industrial plant emitting air pollutants, the concentration at the point of emission shall not exceed the following limits:



Pollutants



Standard Applicable to Source



Maximum Permissible Limits (mg/Ncm)



Method of Analysisa



1. Antimony and Its compounds any source 10 as Sb AASb



2. Arsenic and its compounds Any source 10 as As AASb



3. Cadmium and its compounds Any source 10 as Cd AASb



4. Carbon Monoxide Any industrial Source 500 as CO Orsat analysis



5. Copper and its Compounds Any industrial source 100 ax Cu AASb



6. Hydrofluoric Acids and Fluoride compounds Any source other than the manufacture of Aluminum from Alumina 50 as HF Titration with Ammonium Thiocyanate



7. Hydrogen Sulfide i) Geothermal Power Plants c.d Cadmium Sulfide Method



ii) Geothermal Exploration and well-testing e



iii) Any source other than (i) and (ii) 7 as H2S Cadmium Sulfide Method



8. Lead Any trade, industry or process 10 as Pb AASb



9. Mercury Any Source 5 as elemental Hg AASb/Cold-Vapor Technique or Hg Analyzer



10. Nickel and its compounds, except Nickel Carbonyl f Any source 20 as Ni AASb



11. NOx i) Manufacture of Nitric Acid 2,000 as acid and NOx and calculated as NO2 Phenol-disulfonic acid Method



ii) Fuel burning steam generators Phenol-disulfonic acid Method



Existing Source 1,500 as NO2



New Source



? Coal-Fired 1,000 as NO2



? Oil-Fired 500 as NO2



iii) Any source other than (i) adn (ii) Phenol-disulfonic acid Method



Existing Source 1000 as NO2



New Source 500 as NO2



12. Phosphorus Pentoxideg Any source 200 as P2O5 Spectrophotometry



13. Zinc and its Compounds Any source 100 as Zn AASb



a Other equivalent methods approved by the Department may be used.



b Atomic Absorption Specttrophotometry



c All new geothermal power plants starting construction by 01 January 1995 shall control HsS emissions to not more than 150 g/GMW-Hr



d All existing geothermal power plants shall control HsS emissions to not more than 200 g/GMW-Hr within 5 years from the date of effectivity of these revised regulations.



e Best practicable control technology for air emissions and liquid discharges. Compliance with air and water quality standards is required.



f Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm.



g Provisional Guideline



Provided, that the maximum limits in mg/ncm particulates in said sources shall be :



1. Fuel Burning Equipment



a) Urban or Industrial Area 150 mg/Ncm



b) Other Area 200 mg/Ncm



2. Cement Plants (Kilns, etc.) 150 mg/Ncm



3. Smelting Furnaces 150 mg/Ncm



4. Other Stationary Sourcesa 200 mg/Ncm



a Other Stationary Sources means a trade, process, industrial plant, or fuel burning equipment other than thermal power plants, industrial boilers, cement plants, incinerators and smelting furnaces.



Provided, further, that the maximum limits for sulfur oxides in said sources shall be :



(1) Existing Sources



(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 2.0gm.Ncm as SO3



(ii) Fuel burning Equipment 1.5gm.Ncm as SO2



(iii) Other Stationary Sourcesa 1.0gm.Ncm as SO3



(2) New Sources



(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 1.5 gm.Ncm as SO3



(ii) Fuel Burning Equipment 0.7 gm.Ncm as SO2



(iii) Other Stationary Sourcesa 0.2 gm.Ncm as SO3



a Other Stationary Sources refer to existing and new stationary sources other than those caused by the manufacture of sulfuric acid and sulfonation process, fuel burning equipment and incineration.



For Stationary sources of pollution not specifically included in the immediately preceding paragraph, the following emission standards shall not be exceeded in the exhaust gas :



I. Daily And Half Hourly Average Values



Daily Average Values



Half Hourly Average Values



Total dust 10 mg/m3 30 mg/m3



Gaseous and vaporous organic substances, expressed as total organic carbon 10 mg/m3 20 mg/m3



Hydrogen chloride (HCl) 10 mg/m3 60 mg/m3



Hydrogen fluoride (HF) 1 mg/m3 4 mg/m3



Sulfur dioxide (SO2) 50 mg/m3 200 mg/m3



Nitrogen monoxide (NO) and Nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity exceeding 3 tonnes per hour 200 mg/m3 400 mg/m3



Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity of 3 tonnes per hour or less 300 mg/m3



Ammonia 10 mg/m3 20 mg/m3



II. All the Average Values over the Sample Period of a Minimum of 4 and Maximum of 8 Hours.



Cadmium and its compounds, expressed as cadmium (Cd) total 0.05



Thallium and its compounds, expressed as thallium (Tl) mg/m3



Mercury and its Compounds, expressed as mercury (Hg) 0.05 mg/m3



Antimony and its compounds, expressed as antimony (Sb)



Arsenic and its compounds, expressed as arsenic (As) total 0.5 mg/m3



Lead and its compounds, expressed as lead ( Pb)



Chromium and its compounds, expressed as chromium (Cr)



Cobalt and its compounds, expressed as cobalt (Co)



Copper and its compounds, expressed as copper (Cu)



Manganese and its compounds, expressed as manganese (Mn)



Nickel and its compounds, expressed as nickel (Ni)



Vanadium and its compounds, expressed as vanadium (V)



Tin and its compounds, expressed as tin (Sn)



These average value cover also gaseous and the vapor forms of the relevant heavy metal emission as well as their compounds. Provided, that the emission of dioxins and furans into the air shall be reduced by the most progressive techniques. Provided, further that all average of dioxin and furans measured over the sample period of a minimum of 5 hours and maximum of 8 hours must not exceed the limit value of 0.1 nanogram/m3.



Pursuant to Sec. 8 of this Act, the Department shall prepare a detailed action plan setting the emission standards or standards of performance for any stationary source the procedure for testing emissions for each type of pollutant, and the procedure for enforcement of said standards.



Existing industries, which are proven to exceed emission rates established by the Department in consultation with stakeholders, after a thorough, credible and transparent measurement process shall be allowed a grace period of eighteen (18) months for the establishment of an environmental management system and the installation of an appropriate air pollution control device : Provided, That an extension of not more than twelve (12) months may be allowed by the Department on meritorious grounds.



SEC. 20 Ban on Incineration.- Incineration , hereby defined as the burning of municipal, biomedical and hazardous waste, which process emits poisonous and toxic fumes is hereby prohibited; Provided, however, That the prohibition shall not apply to traditional small-scale method of community/neighborhood sanitation "siga", traditional, agricultural, cultural, health, and food preparation and crematoria; Provided, further, That existing incinerators dealing with a biomedical wastes shall be out within three (3) years after the effectivity of this Act; Provided, finally, that in the interim, such units shall be limited to the burning of pathological and infectious wastes, and subject to close monitoring by the Department.



Local government units are hereby mandated to promote, encourage and implement in their respective jurisdiction a comprehensive ecological waste management that includes waste segregation, recycling and composting.



With due concern on the effects of climate change, the Department shall promote the use of state-of-the-art, environmentally-sound and safe non-burn technologies for the handling, treatment, thermal destruction, utilization, and disposal of sorted, unrecycled, uncomposted, biomedical and hazardous wastes.



ARTICLE FOUR



Pollution from Motor Vehicles



Sec. 21. Pollution from Motor Vehicles. a) The DOTC shall implement the emission standards for motor vehicles set pursuant to and as provided in this Act. To further improve the emission standards, the Department shall review, revise and publish the



standards every two (2) years, or as the need arises. It shall consider the maximum limits for all major pollutants to ensure substantial improvement in air quality for the health, safety and welfare of the general public.



The following emission standards for type approval of motor vehicles shall be effective by the year 2003:



a.) For light duty vehicles, the exhausts emission limits for gaseous pollutants shall be:



Emission Limits for Light Duty Vehicles



Type Approval



(Directive 91/441/EEC)



CO



(g/km)



HC + NOx



(g/km)



PMa



(g/km)



2.72



0.97 0.14



a for compression-ignition engines only



b) For light commercial vehicles, the exhaust emission limit of gaseous pollutants as a function of the given reference mass shall be :



Reference Weight (RW) (kg)



CO (g/km)



HC + NOx (g/km)



PMa (g/km)



Category 1 1250%26lt; RW 2.72 0.97 0.14



Category 2 1250%26lt; RW%26lt;1700 5.17 1.4 0.19



Category 3 RW%26gt;1700 6.9 1.7 0.25



a for compression-ignition engines only



c.) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants shall be :



Emission Limits for Heavy Duty Vehicles



Type Approval



(Directive 91/542/EEC)



CO



(g/k/Wh)



HC



(g/k/Wh)



NOx



(g/k/Wh)



PM



(g/k/Wh)



4.5



1.1



8.0



0.36a



a In the case of engines of 85 kW or less, the limit value for particular emissions in increased by multiplying the quoted limit by a coefficient of 1.7



Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 grams hydrocarbons per test. Likewise, it shall not allow any emission of gases from crankcase ventilation system into the atmosphere.



b.) The Department, in collaboration with the DOTC, DTI and LGUs, shall develop an action plan for the control and management of air pollution from motor vehicles consistent with the Integrated Air Quality Framework. The DOTC shall enforce compliance with the emission standards for motor vehicles set by the Department. The DOTC may deputize other law enforcement agencies and LGUs for this purpose. To this end, the DOTC shall have the power to :



(1) Inspect and monitor the emissions of motor vehicles ;



(2) Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area or street at specified times; and



(3) Authorize private testing emission testing centers duly accredited by the DTI.



c.) The DOTC, together with the DTI and the Department, shall establish the procedures for the inspection of motor vehicles and the testing of their emissions for the purpose of determining the concentration and/or rate of pollutants discharged by said sources.



d.) In order to ensure the substantial reduction of emissions from a motor vehicles, the Department of Trade and Industry (DTI), together with the DOTC and the Department shall formulate and implement a national motor vehicle inspection and maintenance program that will promote efficient and safe operation of all motor vehicles. In this regard, the DTI shall develop and implement standards and procedures for the certification of training institutions, instructors and facilities and the licensing of qualified private service centers and their technicians as prerequisite for performing the testing, servicing, repair and the required adjustment to the vehicle emission system. The DTI shall likewise prescribe regulations requiring the disclosure of odometer readings and the use of tamper-resistant odometers for all motor vehicles including tamper-resistant fuel management systems for the effective implementation of the inspection and maintenance program.



SEC. 22 Regulation of All Motor Vehicles and Engines. Any imported new or locally-assembled new motor vehicle shall not be registered unless it complies with the emission standards set pursuant to this Act, as evidenced by a Certificate of Conformity (COC) issued by the Department.



Any imported new motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission standards set pursuant to this Act.



Any imported used motor vehicle or rebuilt motor vehicle using new or used engines, major parts or components shall not be registered unless it complies with the emission standards.



In case of non-compliance, the importer or consignee may be allowed to modify or rebuild the vehicular engine so it will be in compliance with applicable emission standards.



No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the emission testing requirement promulgated in accordance with this Act. Such testing shall be conducted by the DOTC or its authorized inspection centers within sixty (60) days prior to date of registration.



The DTI shall promulgate the necessary regulations prescribing the useful life of vehicles and engines including devices in order to ensure that such vehicles will conform to the emissions which they were certified to meet. These regulations shall include provisions for ensuring the durability of emission devices.



SEC. 23. Second-Hand Motor Vehicle Engines. Any imported second-hand motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission standards set pursuant to this Act.



ARTICLE FIVE-



Pollution from Other Sources



SEC. 24 Pollution from smoking. Smoking inside a public building or an enclosed public place including public vehicles and other means of transport or in any enclosed area outside of one's private residence, private place of work or any duly designated smoking area is hereby prohibited under this Act. This provision shall be implemented by the LGUs.



SEC. 25. Pollution from other Mobile Sources. The Department, in coordination with appropriate agencies, shall formulate and establish the necessary standards for all mobile sources other than those referred to in Sec. 21 of this Act. The imposition of the appropriate fines and penalties from these sources for any violation of emission standards shall be under the jurisdiction of the DOTC.



CHAPTER 3



FUELS, ADDITIVES, SUBSTANCES AND POLLUTANTS



Article One-



Fuels, Additives and Substances



SEC. 26 Fuels and Additives. Pursuant to the Air Quality Framework to be established under Section 7 of this Act, the Department of Energy (DOE), co-chaired by the Department of Environment and Natural Resources (DENR), in consultation with the Bureau of Product Standards (BPS) of the DTI, the DOST, the representatives of the fuel and automotive industries, academe and the consumers shall set the specifications for all types of fuel and fuel-related products, to improve fuel composition for increased efficiency and reduced emissions; Provided, however, that the specifications for all types of fuel and fuel-related products set-forth pursuant to this section shall be adopted by the BPS as Philippine National Standards (PNS).



The DOE, shall also specify the allowable content of additives in all types of fuels and fuel-related products. Such standards shall be based primarily on threshold levels of health and research studies. On the basis of such specifications, the DOE shall likewise limit the content or begin that phase-out of additives in all types of fuels and fuel-related products as it may deem necessary. Other agencies involved in the performance of this function shall be required to coordinate with the DOE and transfer all documents and information necessary for the implementation of this provision.



Consistent with the provisions of the preceding paragraphs under this section, it is declared that :



a. not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into commerce unleaded premium gasoline fuel which has an anti-knock index (AKI) of not less that 87.5 and Reid vapor pressure of not more than 9 psi. Within six (6) months after the effectivity of this Act, unleaded gasoline fuel shall contain aromatics not to exceed forty-five percent (45%) by volume and benzene not to exceed four percent (4%) by volume; Provided, that by year 2003, unleaded gasoline fuel should contain aromatics not to exceed thirty-five percent (35%) by volume and benzene not to exceed two percent (2%) by volume;



b. not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture, import, sell, supply , offer for sale, dispense, transport or introduce into commerce automotive diesel fuel which contains a concentration of sulfur in excess of 0.20% by weight with a cetane number of index of not less than forty-eight (48); Provided, That by year 2004, content of said sulfur shall be 0.05% by weight ; and



c. not later than eighteen (18) months after the effectivity of this Act, no Person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into commerce industrial diesel fuel which contains a concentration of sulfur in excess of 0.30% (by weight).



Every two (2) years thereafter or as the need arises, the specifications of unleaded gasoline and of automotive and industrial diesel fuels shall be reviewed and revised for further improvement in formulation and in accordance with the provisions of this Act.



The fuels characterized above shall be commercially available. Likewise, the same shall be the reference fuels for emission and testing procedures to be established in accordance with the provisions of this Act.



Any proposed additive shall not in any way increase emissions of any of the regulated gases which shall include, but not limited to carbon monoxide, hydrocarbons, and oxides of nitrogen and particulate matter, in order to be approved and certified by the Department.



SEC. 27. Regulation of Fuels and Fuel Additives.- The DOE, in coordination with the Department and the BPS, shall regulate the use of any fuel or fuel additive. No manufacturer, processor or trader of any fuel or additive may import, sell, offer for sale, or introduce into commerce such fuel for additive unless the same has been registered with the DOE. Prior to registration, the manufacturer, processor or trader shall provide the DOE with the following relevant information:



a. Product identity and composition to determine the potential health effects of such fuel additives;



b. Description of the analytical technique that can be used to detect and measure the additive in any fuel ;



c. Recommended range of concentration; and



d. Purpose in the use of the fuel and additive.



SEC. 28 Misfueling. In order to prevent the disabling of any emission control device by lead contamination, no person shall introduce or cause or allow the introduction of leaded gasoline into any motor vehicle equipped with a gasoline tank filler inlet and labeled " unleaded gasoline only ". This prohibition shall also apply to any person who knows or should know that such vehicle is designed solely for the use of unleaded gasoline.



SEC. 29. Prohibition on Manufacture. Import and Sale of leaded Gasoline and of Engines and/or Components Requiring Leaded Gasoline. Effective not later than eighteen (18) months after the enactment of this Act, no person shall manufacture, import, sell, offer for sale, introduce into commerce, convey or otherwise dispose of , in any manner leaded gasoline and engines and components requiring the use of leaded gasoline.



For existing vehicles, the DTI shall formulate standards and procedures that will allow non-conforming engines to comply with the use of unleaded fuel within five(5) years after the effectivity of this Act.



Article Two



Other Pollutants



SEC. 30. Ozone-Depleting Substances. Consistent with the terms and conditions of the Montreal Protocol on Substances that Deplete the Ozone Layer and other international agreements and protocols to which the Philippines is a signatory, the Department shall phase out ozone-depleting substances.



Within sixty (60) days after the enactment of this Act, the Department shall publish a list of substances which are known to cause harmful effects on the stratospheric ozone layer.



SEC. 31. Greenhouse Gases. The Philippine Atmospheric, Geophysical and Astronomical Service Administration (PAGASA) shall regularly monitor meteorological factors affecting environmental conditions including ozone depletion and greenhouse gases and coordinate with the Department in order to effectively guide air pollution monitoring and standard-setting activities.



The Department, together with concerned agencies and local government units, shall prepare and fully implement a national plan consistent with the United Nations Framework Convention on Climate Change and other international agreements, conventions and protocols on the reduction of greenhouse gas emissions in the country.



SEC. 32. Persistent Organic Pollutants. The Department shall, within a period of two (2) years after the enactment of this Act, establish an inventory list of all sources of Persistent Organic Pollutants (POPs) in the Country. The Department shall develop short-term and long-term national government programs on the reduction and elimination of POPs such as dioxins and furans. Such programs shall be formulated within a year after the establishment of the inventory list.



SEC. 33. Radioactive Emissions. All projects which will involve the use of atomic and/or nuclear energy, and will entail release and emission of radioactive substances into the environment, incident to the establishment or possession of nuclear energy facilities and radioactive materials, handling, transport, production, storage, and use of radioactive materials, shall be regulated in the interest of public health and welfare by the Philippine Nuclear Research Institute (PNRI), in coordination with Department and other appropriate government agencies.



CHAPTER 4



INSTITUTIONAL MECHANISM



SEC. 34. Lead Agency.- The Department, unless otherwise provided herein, shall be the primary government agency responsible for the implementation and enforcement of this Act. To be more effective in this regard, The Department's Environmental Management Bureau (EMB) shall be converted from a staff bureau to a line bureau for a period of no more than two (2) years, unless a separate, comprehensive environmental management agency is created.



SEC. 35 Linkage Mechanism. - The Department shall consult, participate, cooperate and enter into agreement with other government agencies, or with affected non-governmental (NGOs) or people's organizations (POs),or private enterprises in the furtherance of the objectives of this Act.



SEC. 36. Role of Local Government Units.- Local Government units (LGUs) shall share the responsibility in the management and maintenance of air quality within their territorial jurisdiction. Consistent with Secs. 7,8 and 9 of this Act, LGUs shall implement air quality standards set by the Board in areas within their jurisdiction; Provided, however, that in case where the board has not been duly constituted and has not promulgated its standards, the standards set forth in this Act shall apply.



The Department shall provide the LGUs with technical assistance, trainings and a continuing capability-building program to prepare them to undertake full administration of the air quality management and regulation within their territorial jurisdiction.



SEC. 37 Environmental and Natural Resources Office.- There may be established an Environment and Natural Resources Office in every province, city, or municipality which shall be headed by the environment and natural resources officer and shall be appointed by the Chief Executive of every province, city or municipality in accordance with the provisions of Section 484 of Republic Act No. 7160. Its powers and duties, among others, are :



a. To prepare comprehensive air quality management programs, plans and strategies within the limits set forth in Republic act. No. 7160 and this Act which shall be implemented within its territorial jurisdiction upon the approval of the sanggunian ;



b. To provide technical assistance and support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of basic services and the provision of adequate facilities relative to air quality;



c. To take the lead in all efforts concerning air quality protection and rehabilitation;



d. To recommend to the Board air quality standards which shall not exceed the maximum permissible standards set by rational laws ;



e. To coordinate with other government agencies and non-governmental organizations in the implementation of measures to prevent and control air pollution; and



f. Exercise such other powers and perform such duties and functions as may be prescribed by law or ordinance. Provided, however, that, in provinces/cities/municipalities where there are no environment and natural resources officers, the local executive concerned may designate any of his official and/ or chief of office preferably the provincial, city or municipal agriculturist, or any of his employee; Provided, finally, that in case an employee is designated as such, he must have a sufficient experience in environmental and natural resources management, conservation and utilization.



SEC. 38 Record-keeping, Inspection, Monitoring and Entry by the Department.- The Department or its duly accredited entity shall, after proper consultation and notice, require any person who owns or operates any emissions source or who is subject to any requirement of this Act to : (a) establish and maintain relevant records; (b) make relevant reports; (c) install, use and maintain monitoring equipment or methods; (d) sample emission, in accordance with the methods, locations, intervals and manner prescribed by the Department; (e) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; and (f) provide such other information as the Department may reasonably require.



Pursuant to this Act, the Department, through its authorized representatives, shall have the right of : (a) entry of access to any premises including documents and relevant materials as referred to in the herein preceding paragraph, b) inspect any pollution or waste source, control device, monitoring equipment or method required, and c) test any emission.



Any record, report or information obtained under this section shall be made available to the public, except upon a satisfactory showing to the Department by the entity concerned that the record, report or information, or parts thereof, if made public, would divulge secret methods or processes entitled to protection as intellectual property. Such record, report or information shall likewise be incorporated in the Department's industrial rating system.



SEC. 39. Public Education and Information Campaign.- A continuing air quality information and education campaign shall promoted by the Department, the Department of Education, Culture and Sports (DECS), the Department of the Interior and Local Government (DILG), the Department of Agriculture (DA) and the Philippine Information Agency (PIA). Consistent with Sec. 7 of this Act, such campaign shall encourage the participation of other government agencies and the private sector including NGOs, POs, the academe, environmental groups and other private entities in a multi-sectoral information campaign.



CHAPTER 5



ACTIONS



SEC. 40 Administrative Action.- Without prejudice to the right of any affected person to file an administrative action , the Department shall, on its own instance or upon verified complaint by any person, institute administrative proceedings against any person who violates:



a) Standards or limitation provided under this Act; or



b) Any order, rule or regulation issued by the Department with respect to such standard or limitation.



SEC. 41. Citizen Suits. for purposes of enforcing the provisions of this Act or its implementing rules and regulations, any citizen may file an appropriate civil, criminal or administrative action in the proper courts against:



(a) Any person who violates or fails to comply with the provisions of this Act or its implementing rules and regulations; or



(b) The Department or other implementing agencies with respect to orders, rules and regulations issued inconsistent with this act; and/or



(c) Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a duty by this Act or its implementing rules and regulations; or abuses his authority in the performance of his duty; or, in any manner, improperly performs his duties under this Act or its implementing rules and regulations: Provided, however, That no suit can be filed until thirty-day (30) notice has been taken thereon.



The court shall exempt such action from the payment of filing fees, except fees for actions not capable of pecuniary estimations, and shall likewise, upon prima facie showing of the non-enforcement or violation complained of, exempt the plaintiff from the filing of an injunction bond for the issuance of a preliminary injunction.



Within thirty (30) days, the court shall make a determination if the compliant herein is malicious and/or baseless and shall accordingly dismiss the action and award attorney's fees and damages.



SEC .42 . Independence of Action.- The filing of an administrative suit against such person/entity does not preclude the right of any other person to file any criminal or civil action. Such civil action shall proceed independently.



SEC. 43 Suits and Strategic Legal Actions Against Public Participation and the Enforcement of this act.- where a suit is brought against a a person who filed an action as provided in Sec. 41 of this Act, or against any person, institutions or government agency that implements this Act, it shall be the duty of the investigating prosecutor or the court, as the case may be, to immediately make a determination not exceeding thirty (30) days whether said legal action has been filed to harass, vex, exert undue pressure or stifle such legal recourses of the person complaining of or enforcing the provisions of this Act. Upon determination thereof , evidence warranting the same, the court shall dismiss the case and award attorney's fees and double damages.



This provision shall also apply and benefit public officers who are sued for acts committed in their official capacity, their being no grave abuse of authority, and done in the course of enforcing this Act.



SEC. 44 Lien Upon Personal and Immovable Properties of Violators. Fines and penalties imposed pursuant to this Act shall be liens upon personal immovable properties of the violator. Such lien shall, in case of insolvency of the respondent violator , enjoy preference to laborer's wages under Article 2241 and 2242 of Republic Act No. 386, otherwise known as the New Civil Code of the Philippines.



CHAPTER 6



FINES AND PENALTIES



SEC. 45. Violation of Standards for Stationary Sources. For actual exceedance of any pollution or air quality standards under this Act or its rules and regulations, the Department, through the Pollution Adjudication Board (PAB), shall impose a fine of not more than One hundred thousand pesos ( P 100,000.00) for every day of violation against the owner or operator of a stationary source until such time that the standards have been complied with.



For purposes of the application of the fines, the PAB shall prepare a fine rating system to adjust the maximum fine based on the violator's ability to pay, degree of willfulness, degree of negligence, history of noncompliance and degree of recalcitrance. Provided, That in case of negligence, the first time offender's ability to pay may likewise be considered by the Pollution Adjudication Board; Provided, further, That in the absence of any extenuating or aggravating circumstances, the amount of fine for negligence shall be equivalent to one-half of the fine for willful violation.



The fines herein prescribed shall be increased by at least ten percent (10%), every three (3) years to compensate for inflation and to maintain the deterrent function of such fines.



In addition to the fines, the PAB shall order closure, suspension of development, construction, or operations of the stationary sources until such time that proper environmental safeguards are put in place; Provided, that an establishment liable for a third offense shall suffer permanent closure immediately. This paragraph shall be without prejudice to the immediate issuance of an ex parte order for such closure, suspension of development or construction, or cessation of operations during the pendency of the case upon prima facie evidence that their is imminent threat to life, public health, safety or general welfare, or to plant or animal life, or whenever there is an exceedance of the emission standards set by the Department and/or the Board and/or the appropriate LGU.



SEC. 46. Violation of Standards for Motor Vehicles. No motor vehicle shall be registered with the DOTC unless it meets the emission standards set by the Department as provided in Sec. 21 hereof.



Any vehicle suspected of violation of emission standards through visual signs, such as, but not limited to smoke-belching, shall be subjected to an emission test by a duly authorized emission testing center. For this purpose, the DOTC or its authorized testing center shall establish a roadside inspection system. Should it be shown that there was no violation of emission standards, the vehicle shall be immediately released. Otherwise, a testing result indicating an exceedance of the emission standards would warrant the continuing custody of the impounded vehicle unless the appropriate penalties are fully paid, and the license plate is surrendered to the DOTC pending the fulfillment of the undertaking by the owner/operator of the motor vehicle to make the necessary repairs so as to comply with the standards. A pass shall herein be issued by the DOTC to authorize the use of the motor vehicle within a specified period that shall not exceed seven (7) days for the sole purpose of making the necessary repairs on the said vehicle. The owner/operator of the vehicle shall be required to correct its defects and show proof of compliance to the appropriate pollution control office before the vehicle can be allowed to be driven on any public or subdivision roads.



In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control management conducted by the DOTC and shall also suffer the following penalties:



a. First Offense - a fine not to exceed Two Thousand Pesos ( P 2, 000.00);



b. Second Offense - a fine not less than Two Thousand Pesos (P 2,000.00) and not to exceed Four Thousand Pesos (P 4, 000.00); and



c. Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than Four Thousand Pesos (P 4,000.00) and not more than Six thousand pesos (P 6,000.00).



Any violation of the provisions of Sec. 21 paragraph (d) with regard to national inspection and maintenance program, including technicians and facility compliance shall penalized with a fine of not less than Thirty Thousand Pesos (P 30,000.00) or cancellation of license of both the technician and the center, or both, as determined by the DTI.



All law enforcement officials and deputized agents accredited to conduct vehicle emissions testing and apprehensions shall undergo a mandatory training on emission standards and regulations. For this purpose, the Department, together with the DOTC, DTI, DOST, Philippine National Police (PNP) and other concerned agencies and private entities shall design a training program.



SEC. 47. Fines and Penalties for Violations of other Provisions in the Act. For violations of all other provisions provided in this Act and of the rules and regulations thereof, a fine of not less than Ten thousand pesos (P 10,000) but not more than One Hundred thousand Pesos ( P 100,000) or six (6) months to six (6) years imprisonment or both shall be imposed. If the offender is a juridical person, the president , manager, directors, trustees, the pollution control officer or the officials directly in charge of the operations shall suffer the penalty herein provided.



SEC. 48 Gross Violations. In case if gross violation of this Act or its implementing rules and regulations, the PAB shall recommend to the proper government agencies to file the appropriate criminal charges against the violators. The PAB shall assist the public prosecutor in the litigation of the case. Gross violation shall mean : (a) three (3) or more specific offenses within a period of one (1) year; (b) three (3) or more specific offenses with three (3) consecutive years; (c) blatant disregard of the orders of the PAB, such s but not limited to the breaking of seal, padlocks and other similar devices, or operation despite the existence of an order for closure, discontinuance or cessation of operation; and (d) irreparable or grave damage to the environment as a consequences of any violation of the provisions of this Act.



Offenders shall be punished with imprisonment of not less than six (6) years but not more than ten (10) years at the discretion of the court. If the offender is a juridical person, the president, manager, directors, trustees, the pollution control officer or the officials directly in charge of the operations shall suffer the penalty herein provided.



CHAPTER 7



FINAL PROVISIONS



SEC. 49. Potential Loss or Shifts of Employment.- The Secretary of Labor is hereby authorized to establish a compensation, retraining and relocation program to assist workers laid off due to a company's compliance with the provisions of this Act.



SEC. 50. Appropriations.- An amount of Seven Hundred Fifty million pesos ( P 750,000,000.00) shall be appropriated for the initial implementation of this Act, of which, the amount of Three Hundred million pesos (300,000,000.00) shall be appropriated to the Department; Two hundred million pesos (P200,000,000.00) shall to the DTI; One hundred Fifty million pesos (P150,000,000.00) to the DOTC; and One Hundred million pesos (P 100,000,000.00) to the DOE.



Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be included in the General Appropriations Act.



SEC. 51. Implementing Rules and Regulations. The Department, in coordination with the Committees on Environment and Ecology of the Senate and House of Representatives, respectively and other agencies, shall promulgate the implementing rules and regulations for this Act, within one (1) year after the enactment of this Act: Provided, That rules and regulations issued by other government agencies and instrumentalities for the prevention and/or abatement of pollution not inconsistent with this Act shall supplement the rules and regulations issued by the Department pursuant to the provisions of this Act.



The draft of the implementing rules and regulations and standards set pursuant to the provisions of this Act.



SEC. 52. Report to Congress.- The Department shall report to Congress, not later than March 30 of every year following the approval of this Act, the progress of the pollution control efforts and make the necessary recommendations in areas where there is need for legislative action.



SEC. 53 Joint Congressional Oversight Committee. There is hereby created a joint congressional oversight committee to monitor the implementation of this Act. The committee shall be composed of five (5) senators representatives to be appointed by the Senate President and the Speaker of the House of Representatives, respectively, the oversight committee shall be co-chaired by a senator and a representative designated by the Senate President and the Speaker of the House of Representatives, respectively.



The mandate given to the joint congressional oversight committee under this Act shall be without prejudice to the performance of the duties and functions by the respective existing oversight committees of the Senate and the House of Representatives.



SEC. 54. Separability of Provisions. If any provision of this Act or the application of such provision to any person or circumstances is declared unconstitutional, the remainder of the Act or the application of such provision to other person or circumstances shall not be affected by such declaration.



SEC. 55. Repealing Clause. Presidential Decree No. 1181 is hereby repealed. Presidential Decree Nos. 1152, 1586, Presidential Decree No. 984 are partly modified. All other laws, orders, issuance, rules and regulations inconsistent herewith are hereby repealed or modified accordingly.



SEC. 56. Effectivity. This Act shall take effect fifteen (15) days from the date of its publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,



Give me your opinion insights and summary or how you understand this..?shows



Reality check.



The philippines has good sound laws but corrupt political influences always delay the implementation of these laws.



By the time these laws are enforced, they become so obsolete that another law must be passed (just like the politicians who regularly pass gas - i.e. fart through their mouth).



Give me your opinion insights and summary or how you understand this..?comedy show opera theaterSounds like MEXICO Report It


Government officials(Politician)can not do anything about the ozone layer problem and we know that this ozone problem do really exist but is there any solution or something that can rebuild the ozone layer to its original form? Report It


i don't alienate you for posting this one,but i don't thinks its practical to ask these question on yahoo answer which is really long long enough.If this your homework i must say thats its better if the time you had use for posting this one you just had tried to understand it by your own.
my answer is



got it?
Oh, pollution! The only time the Philippines can be declared as pollution free's after the typhoon. The wind cleared the Philippines' atmosphere as well as the underwater pollution. But if you really want to have clean air, climb a mountain and you will have clean air. I was able to experience climbing the end point of the Sierra Madre Mountain when I went to Infanta, Quezon to be with the Aetas' community. And with that, my asthma was cured. But when I went back to my abode, I could not breath easily due to pollution!
oh dear, go to the library and do your own coursework you lazy bugger! are you training to be a lawyer? if so, TSK TSK TSK!!!
it's too long, i think this is ur homework :-)
Air pollution.. My understanding is that you've just copied and pasted an entire article about the air quality in the Philippines.



Solution? Go up high the mountains or live in the jungle.. for sure you'll get quality air there.
it's good legislation.



I presume your point is that it's not being enforced.
i totally agree with this statement. i mean, come on, whats so bad about pollution(dont answer that question)?
it's good legislation.



I presume your point is that it's not being enforced.



how could you expect someone to read that



i bet you didnt
that is sOOOOOOOOooooo long..



LOL,seriously!??

Elvis alive?

The only time I feel alive... is when I'm in front of my audience, my people. That's the only time I really feel like I'm human."



"Long after I'm gone, what I did today will be heard by someone. I just want them to get the best of what I had." (Elvis Presley)



Is Elvis Alive ?



There are many reasons to believe that Elvis Presley is dead. When the only arguments to believe otherwise come from crazed fans and supermarket tabloids, it is easy to dismiss the possibility that Elvis is still among us. However, the circumstances surrounding Elvis' alleged death are quite mysterious and beg closer attention. As it turns out, there are many concrete reasons to believe that Elvis is still alive.



The Gravesite.



Elvis' name is misspelled on his headstone. Elvis' full name is Elvis Aron Presley, but on his grave his middle name is spelled incorrectly with two a's. His father would not have let this happen. When Elvis was born, his name was misspelled on his birth certificate, and his father went to great lengths to get it put right. The unique spelling of Elvis' name was important to his family.



Elvis' current "resting place" is in between his father and his grandmother and not next to his mother where he had adamantly requested. It is doubtful that the people close to him would allow these things to happen. Elvis is a superstitious man, enough so that he wouldn't tempt fate by putting his real name on a tombstone, or violate the ground next to his mother until he was ready to be placed there for good.



Death Certificate.



Elvis was very vain, and he was embarrassed about his recent weight gain, an astonishing 50 pounds in the month before his so-called death. Even though he weighed about 250 pounds at the time of his "death," his death certificate lists him at a spry 170 pounds. The original death certificate disappeared, and the current death certificate is dated two months after his alleged death.



The Wax Body Theory.



This argument is very convincing when the facts are considered. Elvis' coffin required several pall bearers because it weighed 900 pounds. Attendants of the funeral reported that the air around the coffin was rather cool. It is suspected that the coffin contained an air conditioning unit to keep a wax body cool, a wax body that was a replica of Elvis designed to fool funeral-goers. And how did the Presley family get a 900 pound, custom made coffin ready for a funeral that was held on the day after his death? It takes a lot of time to build such an elaborate coffin.



And why was the funeral so quickly? Some say that the immediacy was intended to make it as difficult as possible for the people who were Elvis' biggest fans to attend the proceedings. It could be a concern that they might recognize the flaws in the wax replica.



Elvis was an 8th degree black belt whose hands were rough with calluses, yet the body in the coffin had hands that were soft and pudgy. The body in the coffin had a pug nose and arched eyebrows {unlike Elvis} and most importantly, one of the sideburns on the "corpse" was loose and falling off. A hairdresser later reported gluing the sideburn back on the body.



Unusual Behavior.



Two hours after Elvis' death was announced publicly, a man who reportedly looked remarkably like Elvis purchased a ticket for Buenos Aeries, paid in cash, and used the name John Burrows: the same name Elvis had used as an alias several times before.



Elvis had a few books that were considered to be his most prized possessions. He had a bible, several pharmaceutical books, books on death, and most importantly Chiro's Book of Numbers and The Autobiography of Yogi which I will explain more about later. After Elvis's death was announced, these books disappeared and were never recovered.



In the weeks preceding his alleged death, Elvis' actions were not those of a man who was about to embark on an extensive US tour. He ordered no new suits despite having gained 50 pounds since his last tour, and he bid "adios" at his last show in Hawaii. He had never done this before. Adios, like the French adieu, has the significance of being a final good-bye as opposed to an "I'll be seeing you on my next tour" kind of good-bye.



Others were intrigued by Elvis' decision to sign a lucrative TV deal with NBC that would cover the tour. It was unprecedented for a network to pay such a large amount up front, in cash, for such a deal. Many wonder why Elvis even agreed to the deal since his vanity discouraged him from making public appearances due to his weight gain.



RCA showed uncanny and unbelievable foresight by mass producing millions of Elvis' current and previous recordings and merchandise. This is standard practice for an act that is about to go on tour, but the numbers in this case were beyond reasonable expectations. The announcement of Elvis' death caused record sales to skyrocket.



Elvis did other unusual things that created suspicion. First, he fired several employees that he had relied upon for a long time. Also, two days before his alleged death, Elvis telephoned a friend of his named Miss Foster. He told her that he wasn't planning on going on the upcoming tour. She asked him if he had canceled it, and he said that he had not. When she asked if he was ill, he said that he was fine, and that she should not ask any more questions or tell anyone anything, and that she should not believe anything she read. He told her that his troubles would all soon be over, and that he would call her in a few weeks. The author of Elvis Where Are You? writes that Miss Foster took a polygraph test regarding this story, and that she was not lying.



The day after Elvis' alleged death, a woman named Lucy De Barbon, a former lover of Elvis, received a single rose in the mail. The card indicated that the flower was from "El Lancelot." This had been her pet name for Elvis, and it was a name that no one else knew. Flowers can't be sent from beyond the grave. This was Elvis' way of letting her know that he was not dead, even though he didn't want to be found.



Chiro's Book of Numbers.



Elvis had a fascination with numerology, an interest he fed by reading Chiro's Book of Numbers. The theory that Elvis orchestrated his death is further supported when considering the significance of the date of his alleged death. The date in question is August 16, 1977. By adding the numbers in the date, 8, 16, and 1977, you get 2001. This is the title of Elvis' favorite movie in which the hero plans his immortality in the bathroom. Elvis spent a considerable amount of time doing the same: planning his afterlife on the toilet.. Elvis spent so much time in the bathroom that he had his toilet converted into a reclining comfy chair. Coincidentally, the bathroom is also where Elvis' body was reportedly found.



Given Elvis' religious beliefs, he had a fascination with things that come in threes, for example, father, son, and holy ghost. The sum of the digits from his favorite film (2+0+0+1) is three. Let's consider the triad of the repetition of the number 24. 2001 (favorite film) less 1977 (year of death) is 24. The two numbers from the day of death (8/16) when added up equal 24. The sum of the digits in the year of death (1+9+7+7) also equals 24. That is 3 occurrences of the number 24 which is divisible by 3, and when divided by three the result, 8 has a perfect cubed root (2x2x2=8).



Elvis loved numerology, and when you consider the numeric significance of the date of his alleged death, it is clear that if indeed he did plan to fake his death, he could not have chosen a better date.



Reason



Elvis had many reasons to fake his death.It has been said that Elvis' life was in danger. He had recently lost $10,000,000 in an airplane/real estate deal with a California based organization called the "Fraternity" that had links to the Mafia. It is speculated that he corroborated with the government to expose the organized crime ring in exchange for protection, perhaps in the form of a new life and identity compliments of the Witness Protection Program.



Elvis was a prisoner of his own fame. He had many other reasons to leave his life behind. Because of his incredible popularity he recieved several death threats, and he was concerned about the safety of his ex-wife and daughter. Sometimes when he wanted to leave Graceland he would send look-alikes out to distract would be followers. Elvis was also known to ride in the trunk of someone else's car to avoid being seen. Once, when he fell ill in Las Vegas, he couldn't get proper medical attention because the hospital was overwhelmed by fans.



At the time of his alleged death, Elvis thought he was nearing the end of his career. He saw his self as 42 with greying hair, overweight, and he thought his voice was starting to weaken,. He was going down hill, and he was too proud to go out with a whimper. He would never want his fans to see him in such an unhealthy condition.



Elvis had shown a fascination with death on several occasions. In the days leading up to his alleged death he was reported to have visited funeral homes at odd hours of the night with close friends. Was he doing research? Elvis once faked his death by setting up an elaborate shooting in which a would be killer fired blanks at Elvis who had a blood pack which he discharged. It was Elvis' intention to see how the people closest to him would react to his death. Perhaps what he learned convinced him to do it for real.



Finally, one of Elvis' favorite books is the spiritual Autobiography of Yogi. One of the central themes of this book is the relinquishing of one's wealth and earthly possessions to achieve spiritual oneness. Elvis could do this, as well as address his other concerns of sanity and safety by faking his death and living in exile.



Means.



Elvis had the means to fake his own death. He is accused of destroying himself with drugs. In reality, Elvis was a pharmaceutical expert. He took a lot of drugs, but he knew what he was doing and was extremely careful. He knew what drugs he could self-administer to create a deathlike state. Also Elvis' experience with the martial arts was such that he could slow his heart rate and breathing in order to feign death.



Elvis' manager, Colonel Tom Parker, had once created a new identity for himself. He came to America as an illegal immigrant from Holland, but through various connections managed to create a new identity complete with a passport, birth certificate, drivers license, and social security number. He would have known how to give Elvis a second life.



Aswell as Elvis' ties to the government through his testimony against the "Fraternity", Elvis was known to interact with the President of the United States. He was reported in government documents to use the name John Burrows as an alias when he wanted to travel. Some people believe that Elvis worked for the government as a drug agent. He did, after all have extensive contact with many people in the music business who, as we know, tend to dabble in illegal substances. And, of course, we must allow that Elvis' connections to the government gave him access to the Witness Protection Program. If they can turn the Simpsons into the Thompsons, they can relocate anybody.



Orion?



Many believe that Elvis couldn't have given up performing completely. Just imagine, after a while the desire to perform would grow once he started his life in exile. The story of Orion supports the theory that Elvis attempted a secret comeback.



Shortly after Elvis' alleged death, a masked singer by the name of Orion emerged on the scene. He was big like Elvis, and he sang just like Elvis. Because of the mask no one could tell his true identity. One fan described seeing Orion from near the stage. She claims that Orion left the stage between songs, and when he appeared moments later the sweat was gone from his armpits and back and she thought that his costume looked slightly different. After the song he left the stage, and the original Orion returned.



Another fan described how she rushed into a tour bus at an Orion show only to see two Orions in the back of the bus. She claimed that one ducked into the bathroom before she could get a good look at him, but he appeared to look like Elvis Presley.



What's even more remarkable is the fictional story called Orion that was written by Gail Brewer-Georgio about a legendary performer who had several identities and wanted to fake his death. The story was written and submitted to the William Morris Agency for publication consideration after Elvis' alleged death and before the real Orion ever performed. As it turns out, there are many ways in which the real Orion mimicked the events as described in the book. For example, the performers' managers had the same name. Also, without knowing it, Brewer-Georgio wrote of events in Orion that had actually taken place in Elvis' life. It was a case of life imitating art.



Picking up the Pieces.



In 1981, 20/20 did an investigation into the circumstances surrounding the alleged death of Elvis Presley. The investigative report was very convincing. Oddly enough, within two weeks of the report, the singer, Orion, disappeared and was never heard from again. The book, Orion disappeared from shelves across the country. It had been recalled by the publisher which was associated with the William Morris Agency. Incidentally, the William Morris Agency is the same agency that represented Elvis.



It seems that Elvis Presley is worth more dead than alive. By faking his death and relocating with a new identity he is safe from his fans and the "Fraternity", the government can make a solid case against the organized crime ring, and RCA, Elvis' family, and Elvis' management can all reap immense financial benefits from the attention. That is... except for one benefit....after nearly 25 years no one has collected on his life insurance policy.



Why ?????



During his last concert tour in 1977, Elvis spoke of "not looking good tonight", but, he would look good in his coffin. He made comments of being tired of living as he was and how it was going to change. He told of how he would like to be just himself instead of an "image".



On August 16th 1977, at 8:00 A.M., Elvis told Ginger Alden that he was going into the bathroom to read. (This bathroom/lounge had it's own back entrance.) For the next six hours no one saw him. Elvis signed for a special delivery letter at 9:30 A.M. At 2:00 P.M. Ginger Alden found the apparent body of Elvis lying on the floor in front of his chair, where he had been reading. She called Al Strada who in turn called Joe Esposito. George Nichopoulous (aka Dr. Nick) was then telephoned. Joe called the fire department, unit 6. The ambulance arrived at Graceland at 2:33 P.M. Paramedics administered CPR, despite rigor mortis. The body was taken to Baptist Memorial Hospital at 2:48 P.M. By 3:00 P.M. Elvis' family members and friends were informed of his "death". Public announcement was given at 3:30 P.M.



August 17th, the body was brought back to Graceland for family viewing. The public viewing was from 3:00 P.M. to 6:30 P.M. On August 18th,1977. Tennesse Governor Ray Blanton ordered flags to be flown at half-mast for the duration of the funeral procession. At midday the Graceland gates swung open, a white Cadillac hurse rolled through them, followed by sixteen white Cadillac limousines.



QUESTIONS BEGIN



How could it take twenty minutes for paramedics to drive sixteen blocks to Graceland if the call came in at 2:33 P.M.? The Medical Examiner's Report states that the body was found with rigor mortis, while the police report states "unconcious". Why would anyone try to give CPR to a rigor mortised body ? The ME report listed the body as weighing 80 pounds lighter then Elvis' actual weight. How could Elvis have passed a physical exam just prior to August 16th if his heart was so enlarged ? How could he have played raquetball for several hours on August 16th, just before his "death" ?



ABC's 1979 program on the cover up of Elvis' death stated that all the stomach contents were destroyed. Bill Burkin in his book Elvis World states that officials at Babtist Memorial Hospital had assured him that the stomach contents had been shipped to a California lab to be examined and then on to a lab in Utah, and then ? There are rumors of Elvis' "death" being caused by a heart attack, drug overdose, suffocation in carpeting, suicide and even cancer ! Persons in attendance at Graceland at the time of "death" don't agree on the color of pajamas Elvis was wearing or the posistion of the body.



Why did Vernon ask many people NOT to attend the funeral but to come a week later ? Why did Vernon refuse to accept the flag which is usually given to dead war veterans ? Why didn't Elvis have any new jumpsuits made during 1977 ? The handwriting on the death certificate matched Elvis' own writing !



Elvis was very aware of which presribed drugs did not mix well with others. Elvis had glaucoma, and Dexedrine, a drug not to be taken with that condition, was listed as being in his system. Who would prescribe it and why would he take it ? Whose body was autopsied ? Funeral homes don't usually keep solid copper coffins in stock. These coffins weigh in the area of 300 pounds and usually take two months to receive once ordered. This coffin seemed to have been ready.



Monte Nicholson, a nineteen year veteran of the Los Angeles Sheriffs Department, wrote a novel called The Presley Arrangement. This novel tells the story of a body that is autopsied, a man resembling Elvis. The man had died of cancer. The body is later returned for private burial, to the man's own family. The man's family are paid to remain silent about the incident. Nicholson explains a government connection. In a 1989 radio interview Nicholson said that even if he knew there was an FBI connection and was told not to say anything, he COULD NOT say. Nicholson also claimed that if he knew the answer to the question, and says he does, he will not disclose his knowledge. He said that if Elvis is alive that his book is pretty close to the truth of what REALLY happened.



Was Elvis a DEA (Drug Enforcement Agency) agent ? Elvis can be seen wearing a DEA Staff jacket in several photographs, including one taken in June of 1977, approximately six weeks before his "death". Also Elvis was wearing a jogging suit with the DEA logo on it during the early morning hours of August 16th 1977.



When Elvis met with President Richard Nixon he said he had been "studying" the drug culture for over 10 years, he could get into any culture group and be accepted. Elvis said he had gotten alot from the country and he wanted to repay in some way. It would have been a dangerous job and one that an entertainer such as Elvis would not have HAD to do unless he chose to. Many DEA agents pose as "drug users" and "pushers" in their undercover work. Elvis could get to anyone if he appeared to be a "user". In the book Elvis: What Happened? one of the guys wondered if Elvis was ever as whacked out as he seemed to be. Maybe he is a "great" actor after all. Perhaps he deserves an "Oscar".



Death threats were issued against Elvis and his family. Those who had leveled those threats had actually broken into Graceland. At times, the FBI were called. Deputy Narcotics Director John Finlator arranged for Elvis to come to his office under the name of John Burrows. Finlator didn't want to give Elvis a badge but the President reversed the decision.



On December 21st of 1970, Elvis met with President Richard Nixon in the oval office, Washington, D.C. Elvis had written a letter requesting a meeting and expressed his concerns about the drug culture, hippie elements, the SDS and other groups who were against the establishment. When Finlator finally gave Elvis the badge and promised to issue him consultant credentials, Elvis was overcome with emotion and his eyes became misty. Ten days later he met with the FBI. On the same day, President Nixon wrote Elvis a thank you. Elvis wrote to the President and said, "I can and will do more good, if I were made a Federal Agent at large, and I will help out by doing it my way."



Elvis was known to be in his bedroom for weeks, seeing no one. (There was a back staircase at Graceland.) Elvis could sneak out whenever he needed to.



Department of the Treasury-Bob Pritchett says that during the years of '74, '75, and '76 "Mr. Presley provided one of our undercover agents, who was a musician, a job cover. Undercover agents appear to have other occupations. None of Elvis' group of friends knew of this agent and the role he played in setting up his cover. Since he had an undercover agent in his group from '74-'76, when did he find time to use drugs himself? Elvis was very good at keeping secrets and living a "double life".



Elvis spoke with President Carter two weeks before his death. It involved aid to a friend. On August 16, 1977, President Carter issued this tribute:



"Elvis Presley's death deprives our country of a part of itself. He was unique and irreplaceable. More than twenty years ago he burst upon the scene with an impact that was unprecedented and will probably never be equaled. His music and his personality, fusing the styles of white country and black rhythm and blues, permanently changed the face of American popular culture. His following was immense and he was a symbol of good humor of his country."



This was a formal statement, when a celebrity's death is usually only commented on. He had spoken to Nixon and Carter both shortly before the day he died.



In the September 1988 issue of American Karate magazine, Ed Parker tells of a time when a terrorist group threatened Elvis' life to make him an example of how they could get to famous people. They threatened to plant a bomb in one of the gifts offered to Elvis at a concert. This was a threat as long as he was "alive", and his family were targets also.



Elvis always had law enforcement officials around him. John O'Grady, who was earlier in charge of NARC Divisions of the LAPD, was one of them. He also hired Dick Grob, a former sargeant with the Palm Springs Police. He was surrounded by at least two lawmen in top security positions. Elvis was in danger. The "hoax" may have been the only way out! History will prove Elvis to be an American hero beyond being an American entertainer.



SIGHTINGS



With all the Elvis lookalikes, he could actually walk around using disguises and get away with it. Who would be looking for him anyway, when he is supposedly dead? Before 1977, there was an "Elvis lookalike, sound alike" at a Memphis theatre. Elvis put on his best "Elvis outfit", strolled in and mingled with the clones, doing his best "Hey, baby". Afterwards, he came back to Graceland laughing. He tried out and lost!



Elvis and his mother's bodies were moved to the Meditation Gardens for burial, after three men tried to break into the crypt. Graceland was rezoned to permit burials at the estate. In the 1989 Orion's "Farewell to the King", the King says "I died once. I had to be willing to give up everything, even the will to live." The last recording session at Graceland was The Last Farewell.



There have been many sightings at various places including Graceland. There are some escape routes at Graceland that people don't know about.



In a syndicated newspaper across the nation on June 5, 1990, an article headlined "Elvis Lives, At Least On Census Form." The Census Bureau reported in 1990 that Elvis returned a questionaire to the bureau office in Huntsville, Alabama. It was noticed by census workers who were screening forms for completednesss.



Late Night with Ross Shafer (August 1988) had a survey that showed that out of 30,000 people polled, approximately 84% believe Elvis is alive.



On Monday, August 22, 1988, Harold Schuitmaker, in an item of the Detroit News, said "Elvis is Alive and Living in Kalamazoo." Schuitmaker was a well known Michigan politician and resident of Paw Paw (15 miles from Kalamazoo).



The masked singer Orion was at the McMinnville Civic Center and a fan said that she felt that the man onstage and the one who signed autographs were different people. People have reported that someone sounding like Elvis called them on the phone and some hung up because they couldn't believe it.



A book titled Elvis: Where Are You? came out of Wilton Manors, Florida around August, 1982 under the name of Al Jefferies. The premise of the book was that Elvis hoaxed his death. Kelly Burgess, a former assistant editor and feature writer with the Detroit News, claimed to have seen Elvis in Kalamazoo, Michigan. She is not living now.



In 1988, Heartbreak Hotel starred David Keith as Elvis. (The film had the support of EP Enterprises.) A soundtrack album thanked Jerry Schilling and a special thanks to J.B.



In 1987's Robo Cop, a cop is killed, but didn't die. He returns as Robo Cop-a superman hero. It was filmed in Michigan. During that time radio stations got calls from a man sounding like Elvis Presley. There have been lots of sightings there and it was also on his final concert tour. Is this possibly a "message" film?



March 18, 1990, an article on Robo Cop, in the Detroit News told of Robo Cop speaking to a Boys and Girls club against drugs. It was a three month long anti-drug campaign organized by the FBI, Orion Home Video of New York, and the Boys Club of America. This Robo Cop was not the same actor as in the movie-his true identity was not revealed. he was a special agent helping the FBI fight the war on drugs. His suit was bullet-proof. During filming, some people saw a man looking like an older Elvis.



In Mac and Me, a film from 1988, a young alien is lost and at the end the family drives away in an old pink Cadillac convertible. A balloon caption says "We'll be back". The sound track is on Curb Records, which is the same label as "Spelling on the Stone". There were some song lyrics which were: "Tired of being myself, being different from everyone else, somehow you knew I needed your help, be my friend forever. I never found my star in the night; living my dream was far from sight." There was a scene in the movie where Eric asks Debbie "Why didn't you tell him that you saw him (the alien)?" She says, "Because no one would believe me."



Elvis has become a mythic figure, and there have been frequent rumors that he is still alive. Elvis remains the single most influential and respected figure in the history of Rock music. Elvis was the first Rock/Pop singer to have a single record sell a million copies, the first to go platinum with an album in less than two weeks, the first singer to pre-sell a million records before it's release, the first entertainer to earn a million dollars for one concert performance, and the first young, white, southern male to bring international attention to the importance of black rhythm and blues. He was the first singer to get a million dollar screen contract. He was the first music personality to have a TV performance broadcast worldwide via satellite.



In 1993, he became the first rock'n'roll star whose picture appeared on a commemorative U.S. Postal stamp (the largest stamp printing in history). Elvis is a landmark in almost everyone's life, going back to distant memories of watching him above the waist on Ed Sullivan or hearing "Hound Dog" for the first time. His image continues to mesmerize: witness the appearance of 200 Elvis impersonators at Liberty Weekend in 1986.



There was a time when he was merely the most popular entertainer in history. He is more than that now. He is a symbol of America as recognizable as the flag. Elvis opened the 'window of his soul' to his fans all over the world.



Thank you, Elvis! Remember you are always on our minds. "TCB FOREVER!



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Elvis alive?concert venue



Elvis is dead. Autopsy performed. Death certificate issued. A conspiracy of the magnitude described in the article would require the cooperation of an extraordinary number of people. It defies all reasonable logic to state otherwise.



Elvis alive?events opera theater



Jeez, he's dead already. What would be the purpose of such an involved and grand hoax? It wasn't like he needed to cheat insurance companies so his family would be provided for.



Anyway, if you like fantasies, watch "Bubba Hotep". It is an amazing allegory on lives and what might have been with Elvis in the lead, explaining why he's not dead. I really love it.
Yes he is dead.



You just wasted an hour of your life on this question.



I'm sorry no one told you sooner.



g-day!
Ya he is dead he had a drug, and drinking problem. One of my teachers went to most of his concerts until those bad things started happening.
I must say I do like the theories put forward here and I would like to believe hes still alive somewhere but in reality I dont think he is. Look at JFK, Marilyn Monroe and Diana whenever a celebrity who has made a big impact on the world in their lives dies, the conspiracy theorists go mad. Dont get me wrong I love conspiracy theorys cos they make me go 'ooh I wonder' but so did the Da Vinci Code- I love stories that have those kinda twists and turns but that doesnt mean I believe them.



Conspiracy Theories are good because they are good stories whether they are true or not.



If Elvis is alive then he obviously wants to remain 'dead' else he wouldve revealed himself. If he is really dead, end of.



Either way he will be sadly missed. Long Live The King
Of course Elvis is alive. As long as there is one heart ready to believe in him, as long as he brings a smile to one little girl, Elvis is alive!
Of course he's dead he died of constapation!!!! (which is an embarrising way to die if you ask me)

 
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