RA 9275 Handout

Republic Act No. 9275 Title Date Published Date of Effectivity Role of the State

Coverage Act

of

the

Philippine Clean Water Act of 2004 April 21, 2004 May 6, 2004 The State shall pursue a policy of economic growth in a manner consistent with the protection, preservation and revival of the quality of our fresh, brackish and marine waters by:  protecting the country’s water bodies from pollution from land-based sources (industries and commercial establishments, agriculture and community/household activities).  providing for a comprehensive and integrated strategy to prevent and minimize pollution through a multi-sectoral and participatory approach involving all the stakeholders. It shall apply to water quality management in all water bodies: Provided that it shall primarily apply to the abatement and control of pollution from land based sources;

Role of DENR

Role of agencies

other

Provided, further, that the water quality standards and regulations and the civil liability and penal provisions under this Act shall be enforced irrespective of sources of pollution.  The DENR is the primary government agency responsible for the implementation and enforcement of this Act, with the support of other government organizations, local government units, non -government organizations and the private sector.  Towards this end, the DENR will review and set affluent standards, review and enforce water quality guidelines, classify groundwater sources and prepare a national groundwater vulnerability map, classify or reclassify water bodies, establish internationally accepted procedures for sampling and analysis, prepare an integrated water quality management framework and subsequently prepare 10-year management plans for each water management area.  Shall have the right to: o (a) enter any premises or to have access to documents and relevant materials such as reports and other written information as may be required by the department o (b) inspect any pollution or waste source, control device, monitoring equipment or method required; and o (c) test any discharge. a) Philippine Coast Guard in coordination with DA and the Department shall enforce for the enforcement of water quality standards in marine waters, set pursuant to this Act, specifically from offshore sources; b) DPWH through its attached agencies, such as the MWSS, LWUA, and including other urban water utilities for the provision or sewerage and sanitation facilities and the efficient and safe collection, treatment and disposal of sewage within their area of jurisdiction; c) DA, shall coordinate with the Department, in the formulation of guidelines for the re-use of wastewater for irrigation and other agricultural uses and for the prevention, control and abatement of pollution from agricultural and aquaculture activities: Provided, That discharges coming from non-point sources be categorized and further defined pursuant to this Act: Provided, further, That the Bureau of Fisheries and Aquatic Resources (BFAR) of the DA shall be primarily responsible for the prevention and control of water pollution for the development, management and conservation of the fisheries and aquatic resources; d) DOH shall be primarily responsible for the promulgation, revision and enforcement of drinking water quality standards; e) DOST, in coordination with the Department and other concerned agencies, shall prepare a program for the evaluation, verification, development and public dissemination of pollution prevention and cleaner production technologies; and

Sharlene Paula D. Loreto Pacita M. Mariñas NREL – Thursday – 5:30PM to 8:30PM

Winchelle Dawn R. Loyola Atty. Arnaldo Espinas

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Role of Local Government Unit

Role of Business and Industry

Definition

f) Department of Education (DepEd), Commission Higher Education (CHED), Department of the Interior and Local Government (DILG) and Philippine Information Agency (PIA) shall assist and coordinate with the Department in, the preparation and implementation of a comprehensive program pursuant to the objectives of this Act.  Each local government unit shall, through its Environment and Natural Resources Office (ENRO) established in Republic Act No.7160, have the following powers and functions: a) Monitoring of water quality; b) Emergency response; c) Compliance with the framework of the Water Quality Management Action Plan; d) To take active participation in all efforts concerning water quality protection and rehabilitation; and e) To coordinate with other government agencies and civil society and the concerned sectors in the implementation of measures to prevent and control water pollution: Provided, however, That in provinces/cities/municipalities where there are no environment and natural resources officers, the local executive concerned may, with the approval of the Secretary of the DENR 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 sufficient experience in environmental and natural resources management, conservation and utilization.  Shall, in consultation with DENR, LGUs and the appropriate government agencies, formulate appropriate incentives for the adoption procedures that will preserve and protect our water bodies through the introduction of innovative equipment and processes that reduce if totally eliminate discharge of pollutants into our water bodies. Aquifer - means a layer of water-bearing rock located underground that transmits water in sufficient quantity to supply pumping wells or natural springs. Beneficial use - means the use of the environment or any element or segment thereof conducive to public or private welfare, safety and health; and shall include, but not be limited to, the use of water for domestic, municipal, irrigation, power generation, fisheries, livestock raising, industrial, recreational and other purposes Civil Society - means non-government organizations (NGOs) and people's organizations (POs). Discharge – includes, but is not limited to, the act of spilling, leaking, pumping, pouring, emitting, emptying, releasing or dumping of any material into a water body or onto land from which it might flow or drain into said water. Effluent - means discharge from known sources which is passed into a body of water or land, or wastewater flowing out of a manufacturing plant, industrial plant including domestic, commercial and recreational facilities. Hazardous waste - means any waste or combination of wastes of solid liquid, contained gaseous, or semi-solid form which cause, of contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness, taking into account toxicity of such waste, its persistence and degradability in nature, its potential for accumulation or concentration in tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or organism. Industrial waste - means any solid, semi-solid or liquid waste material with no commercial value released by a manufacturing or processing plant other than excluded material. Non-point source - means any source of pollution not identifiable as point source to include, but not be limited to, runoff from irrigation or rainwater, which picks up pollutants from farms and urban areas. Point source - means any identifiable source of pollution with specific point of



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discharge into a particular water body. Pollutant - shall refer to any substance, whether solid, liquid, gaseous or radioactive, which directly or indirectly: (i) alters the quality of any segment of the receiving water body to affect or tend to affect adversely any beneficial use thereof; (ii) is hazardous or potential hazardous to health; (iii) imparts objectionable odor, temperature change, or physical, chemical or biological change to any segment of the water body; or (iv) is in excess of the allowable limits, concentrations, or quality standards specified, or in contravention of the condition, limitation or restriction prescribed in this Act. Pollution control technology - means pollution control devices or apparatus, processes, or other means that effectively prevent control or reduce pollution of water caused by effluents and other discharges, from any point source at levels within the water pollution standards. Potentially infectious medical waste - include isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, and other disposable medical equipment and material that may pose a risk to the public health, welfare or the marine environment. Septage - means the sludge produced on individual onsite wastewater disposal systems, principally septic tanks and cesspools. Sewage - means water-borne human or animal wastes, excluding oil or oil wastes, removed from residences, building, institutions, industrial and commercial establishments together with such groundwater, surface water and storm water as maybe present including such waste from vessels, offshore structures, other receptacles intended to receive or retain waste or other places or the combination thereof. Sewerage - includes, but is not limited to, any system or network of pipelines, ditches, channels, or conduits including pumping stations, lift stations and force mains, service connections including other constructions, devices, and appliances appurtenant thereto, which includes the collection, transport, pumping and treatment of sewage to a point of disposal. Sludge - means any solid, semi-solid or liquid waste or residue generated from a wastewater treatment plant, water supply treatment plant, or water control pollution facility, or any other such waste having similar characteristics and effects. Surface water - means all water, which is open to the atmosphere and subject to surface runoff. Wastewater - means waste in liquid state containing pollutants.

How will quality managed?

water be

Who will manage these areas? Who are the members of the

Water Quality - means the characteristics of water, which define its use in characteristics by terms of physical, chemical, biological, bacteriological or radiological characteristics by which the acceptability of water is evaluated. Management of water quality will either be based on watershed, river basin or water resources region. Water quality management areas with similar hydrological, hydrogeological, meteorological or geographic conditions which affect the reaction and diffusion of pollutants in water bodies are to be designated by the DENR in coordination with the National Water Resources Board (NWRB). Management will be localized. Multi-sectoral governing boards will be established to manage water quality issues within their jurisdiction Governing Boards shall be composed of representatives of mayors and governors as well as local government units, representatives of relevant national



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Governing Boards? What are the functions of the Governing Boards? How will domestic wastewater be addressed?

government agencies, duly registered non-government organizations, the concerned water utility sector and the business sector. The Governing Boards will formulate strategies to coordinate policies necessary for the effective implementation of this Act. They will create a multi-sectoral group to establish and effect water quality surveillance and monitoring. The Department of Public Works and Highways (DPWH), in coordination with local government units will prepare a national program on sewage and septage management not later than 12 months from effectivity of this Act. A priority list will likewise be prepared which will be the basis for the allotment of funds on an annual basis by the national government for the construction and rehabilitation of required facilities. On the other hand, LGUs are to provide the land including road right of the way for the construction of sewage and/or septage treatment facilities and raise funds for the operations and maintenance of said facilities. The Department of Health (DOH) will formulate guidelines and standards for the collection, treatment and disposal of sewage as well as the guidelines for the establishment and operation of centralized sewage treatment system. The MWSS and other agencies mandated to provide water supply and sewerage facilities are required to connect existing sewage lines, subject to the payment of sewerage service charges/fees within five years following effectivity of this Act.

How will discharge wastewater discouraged?

the of be

All sources of sewage and septage are required to comply with the law. Anyone discharging wastewater into a water body will have to pay a wastewater charge. This economic instrument which will be developed in consultation with all concerned stakeholders is expected to encourage investments in cleaner production and pollution control technologies to reduce the amount of pollutants generated and discharged. Effluent trading per management area will also be allowed.

Wastewater Discharge Permit

Rewards will also be given to those whose wastewater discharge is better than the water quality criteria of the receiving body of water. Fiscal and non-fiscal incentives will also be given to LGUs, water districts, enterprise, private entities and individuals who develop and undertake outstanding and innovative projects in water quality management. The legal authorization granted by the Department to discharge wastewater. WHO MAY APPLY? Any person who shall discharge in any manner wastewater into Philippine waters and/or land. WHERE TO APPLY? From the Regional Office of the Bureau DOCUMENTS TO SUBMIT FOR APPLICATION (NEW): 1) Two (2) copies of the prescribed application form 2) Verified Engineer’s Report – prepared by a registered chemical or sanitary engineer or pollution control officer with the needed information provided in Rule 14.2 of the IRR. DOCUMENTS TO SUBMIT FOR APPLICATION (RENEWAL): 1) Copies of the quarterly self-monitoring reports for the immediately preceding year; 2) Copy of the Certificate of Accreditation of the Pollution Control Officer duly issued by the DENR, or appointment/designation as such by the Managing Head 3) Official Receipts for the payment of the applicable Permit Fee and the Wastewater Discharge Fee 4) Other related documents in relation to land application

PROCESSING PERIOD: Within 30 Working Days from receipt of all the requirements IS THERE A FEE NEEDED TO PAY? An annual permit fee shall be paid by the applicant using the volumetric rate of discharge as basis



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GROUND/S FOR DISAPPROVAL OF THE APPLICATION: Failure to submit the necessary requirements REMEDY FOR DISAPPROVAL OF APPLICATION: Motion for Reconsideration maybe filed at the regional office within 15 working days from the date of receipt of a written notice of such disapproval and said office shall decide within 30 days from the date of receipt of the motion. If still denied, the decision may be appealed to the Secretary of the Department within 15 days from receipt of written notice of such decision Said appeal SHALL NOT STAY THE EXECUTION OF THE DECISION of the Regional Office unless ordered .otherwise by the Secretary. The decision of the Secretary is final and executory. VALIDITY OF THE DISCHARGE PERMIT: GENERAL RULE: Maximum period of 5 years from the date of its issuance, renewable for 5-year periods. EXCEPTION: Maybe renewed for a longer period if the applicant has adopted waste minimization and waste treatment technologies, consistent with incentives currently provided has been paying the permit fees on time. GROUNDS FOR SUSPENSION OR REVOCATION OF PERMITS: 1) Non-compliance with or gross violation of any provision of the Act, the rules and regulations and/or permit conditions 2) Deliberate or negligent submission of false information in the application for permit that led to the issuance of the permit 3) Deliberate or negligent submission of false monitoring data or report required in the discharge permit. 4) Refusal to allow lawful inspection conducted by the Department thru the Bureau of duly authorized personnel 5) Non-payment of the appropriate wastewater discharge fees within a 30-day cure period from the date such payment is due; 6) Other grounds provided by law.

FUNDS

EFFECT OF ANY DISCHARGE WITHOUT PERMIT OR WITH SUSPENDED OR REVOKED PERMIT: It will be a ground for the IMMEDIATE ISSUANCE of a CEASE and DESIST ORDER. National Water Quality Management Fund - A water quality management fund, to be administered by the Department, in coordination with other concerned agencies, as a special account in the National Treasury; composed of: 1) fines imposed 2) damages awarded to the government 3) proceeds of permits issued 4) donations, endowments and grants in the form of contributions to the national government under this Act Area Water Quality Management Fund - The area water quality management fund is hereby established for the maintenance and upkeep of the water bodies in a water quality management area; composed of: 1) fines incurred by the establishments located in rural areas before the effectivity of this Act 2) fees collected under the wastewater charge system established under Section 13 of this Act, 3) donations, endowments and grants for water quality management Environmental Guarantee Fund – All possible dischargers are required to put up an environmental guarantee fund (EGF) as part of their environmental management plan. The EGF will finance the conservation of watersheds and aquifers, and the needs of emergency response, clean up or rehabilitation. It shall finance the maintenance of the health of the ecosystems and specially the conservation of watersheds and aquifers affected by the development, and the needs of emergency response, clean-up or rehabilitation of areas that may be damaged during the program's or project's actual implementation; maybe in the form of a



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1) trust fund, 2) environmental insurance, 3) surety bonds, 4) letters of credit, 5) self-insurance and 6) any other instruments which may be identified by the Department INCENTIVES Incentives are provided to encourage LGUs, water districts (WDs), enterprises, or private entities, and individuals, to develop or undertake an effective water quality management, or actively participate in any program geared towards the promotion thereof as provided in this Act. 1) Fiscal and Non-Fiscal Incentives a. industrial wastewater treatment and/or adoption of water pollution control technology, cleaner production and waste minimization technology shall be classified as preferred areas of investment under its annual priority plan b. Tax and Duty Exemption on Imported Capital Equipment c. Tax Credit on Domestic Capital Equipment d. Tax and Duty Exemption of Donations, Legacies and Gifts 2) Financial Assistance Program - Government financial institutions shall accord high priority to extend financial services to LGUs, WDs, enterprises, or private entities engaged in sewage collection and treatment facilities. 3) Extension or Grants to LGUs. REWARDS It shall be provided to individuals, private organization and entities, including civil society, that have undertaken outstanding and innovative projects, technologies, processes and techniques or activities in water quality management. Said rewards shall be sourced from the Water Quality Management Fund herein created. PROHIBITED ACTS  Discharging or depositing any water pollutant to the water body, or such which will impede natural flow in the water body • Discharging, injecting or allowing to enter into the soil, anything that would pollute groundwater • Operating facilities that discharge regulated water pollutants without the valid required permits • Disposal of potentially infectious medical waste into sea by vessels • Unauthorized transport or dumping into waters of sewage sludge or solid waste. • Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Toxic Chemicals, Hazardous and Nuclear Wastes Control Act (Republic.Act No. 6969) • Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act • Noncompliance of the LGU with the Water Quality Framework and Management Area Action Plan • Refusal to allow entry, inspection and monitoring as well as access to reports and records by the DENR in accordance with this Act • Refusal or failure to submit reports and/or designate pollution control officers whenever required by the DENR in accordance with this Act • Directly using booster pumps in the distribution system or tampering with the water supply in such a way to alter or impair the water quality • Operate facilities that discharge or allow to seep, willfully or through grave negligence, prohibited chemicals, substances, or pollutantslisted under R.A. No. 6969, into water bodies. • Undertake activities or development and expansion of projects, or operating wastewater treatment/sewerage facilities in violation of P.D.1586 and its IRR. FINES AND The following are among the fines and penalties for violators of this Act and its PENALTIES IRR: 



Upon the recommendation of the Pollution Adjudication Board (PAB), anyone who commits prohibited acts such as discharging untreated wastewater into any water body will be fined for every day of violation, the amount of not less than Php 10,000 but not more than Php 200,000. Failure to undertake clean-up operations willfully shall be punished by imprisonment of not less than two years and not more than four years. This also includes a fine of not less than Php 50,000 and not more than Php 100,000 per day of violation. Failure or refusal to clean up which results in serious injury or loss of life or lead to irreversible water contamination of surface, ground, coastal and marine water shall be punished with imprisonment of not less than 6 years and 1 day and not more than 12 years



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

and a fine of Php 500,000/day for each day the contamination or omission continues. In cases of gross violation, a fine of not less than Php 500,000 but not more than Php 3,000,000 will be imposed for each day of violation. Criminal charges may also be filed.



Maria RA 9275

RA 9275 Handout

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