Clean Water Act (RA 9275) and Its Implementing Rules and Regulations Nicanor E. Mendoza Environmental Management Bureau

Clean Water Act (RA Clean Water Act (RA 9275) and Its 9275) and Its

Implementing Rules Implementing Rules and Regulations and Regulations

Nicanor E. MendozaEnvironmental Management Bureau

Philippine Clean Water ActPhilippine Clean Water Act

• Philippine Clean Water ActPhilippine Clean Water Act (RA 9275) (RA 9275) was enacted on March , 2004 and was enacted on March , 2004 and published on April 21 ,2004 and published on April 21 ,2004 and subsequently took effect on May 6, subsequently took effect on May 6, 20042004

• Implementing Rules and Regulations Implementing Rules and Regulations of the PCWA of 2004of the PCWA of 2004 was approved the was approved the Secretary on May 16, 2005 and Secretary on May 16, 2005 and published last May 26, 2005 under published last May 26, 2005 under DAO 2005-10 series of 2005 (Manila DAO 2005-10 series of 2005 (Manila Times and Manila Standard Today)Times and Manila Standard Today)

CONCEPTUAL FRAMEWORK

NAA Natl. Septage/Sewerage Mgt. Classification/ Reclassification Groundwater Vulnerability

Mapping WQ Guidelines Effluent Standards Categorization of Industry Wastewater Charge System Discharge Permits Financial Liability Programmatic EIA Incentives Prohibitions/Sanctions/Actions

Integ. Water Quality Improv’t. Framework

Water Quality Mgt. Action

Plan (WQMAP)

WQMAP WQMAP

Industrieshouseholds Other Non-Pt. Sources

Declaration Of PoliciesDeclaration Of Policies

• SD Framework• Holistic National Program• Integrated WQ Framework thru proper

delegation, effective coordination of functions

• Self regulation among industries thru MBIs• Focus on pollution prevention • System of accountability of adverse

environmental impacts• Streamline procedures and processes

Rule 2 Interpretation of the Rule 2 Interpretation of the Declaration of PolicyDeclaration of Policy• The Policy Statements in Section 2 of The Policy Statements in Section 2 of

the CWA shall be interpreted the CWA shall be interpreted collectively, and all regulations collectively, and all regulations issued pursuant to the CWA and issued pursuant to the CWA and decisions over disputes in specific decisions over disputes in specific cases shall be implemented or made cases shall be implemented or made with due considerations of this policy. with due considerations of this policy.

Declaration of PolicyDeclaration of Policy

• Issues and cases shall be resolved in Issues and cases shall be resolved in a fair and objective manner.The CWA a fair and objective manner.The CWA and these rules shall be construed and these rules shall be construed liberally in favor of protecting the liberally in favor of protecting the quality of water resources and public quality of water resources and public health.health.

Coverage of the ActCoverage of the Act

All water bodies (natural and All water bodies (natural and man-made) bodies of fresh, man-made) bodies of fresh, brackish, and saline waters, and brackish, and saline waters, and includes but not limited to includes but not limited to aquifers, groundwater, springs, aquifers, groundwater, springs, creeks, streams, rivers, ponds, creeks, streams, rivers, ponds, lagoons, water reservoirs, lakes, lagoons, water reservoirs, lakes, bays, estuarine, coastal and bays, estuarine, coastal and marine waters marine waters

Primarily applies to abatement Primarily applies to abatement and control of pollution from and control of pollution from land-based sourcesland-based sources

Rule 3 Applicability of the CWA to Rule 3 Applicability of the CWA to marine and pollution and disposal of marine and pollution and disposal of effluents on landeffluents on land

• Rule 3.1 Applicability of Standards. In addition Rule 3.1 Applicability of Standards. In addition to regulating pollution of water bodies,the DNR to regulating pollution of water bodies,the DNR shall formulates and apply standards for the shall formulates and apply standards for the transport and disposal of effluent,sewage and transport and disposal of effluent,sewage and septage offsite, whether offshore or on land as septage offsite, whether offshore or on land as well as disposal of industrial wastewater on well as disposal of industrial wastewater on land.land.

• The DA shall develop guidelines for re-use of The DA shall develop guidelines for re-use of wastewater for irrigation purposes or as soil wastewater for irrigation purposes or as soil conditioner or fertilizer,provided that the conditioner or fertilizer,provided that the discharge of effluents on land shall comply with discharge of effluents on land shall comply with conditions (Rule 14.6)conditions (Rule 14.6)

Water Quality Water Quality Management (WQM) Management (WQM)

AreaArea Composed of LGUs w/ similar Composed of LGUs w/ similar

geographic, meteorological, geographic, meteorological, conditions, etc.; conditions, etc.; OROR

LGUs w/ common interest or LGUs w/ common interest or development programs, projects, or development programs, projects, or problemsproblems

Governed by Governing Board Governed by Governing Board (composed of LGUs, NGAs, civil (composed of LGUs, NGAs, civil society, water/utility & business society, water/utility & business sector)w/ Technical Secretariatsector)w/ Technical Secretariat

Laguna Lake under LLDA as one Laguna Lake under LLDA as one WQMAWQMA

Rule 5 Designations and Rule 5 Designations and Management of Water Quality Management of Water Quality Managements AreasManagements Areas• Rule 5.1 Procedure for Designations Rule 5.1 Procedure for Designations

of WQMAof WQMA

• The Regional Offices of the The Regional Offices of the Department shall initiate the process Department shall initiate the process of designations by evaluating of designations by evaluating information using criteria to be information using criteria to be developed by the Department.developed by the Department.

5.1.2 Other Considerations for 5.1.2 Other Considerations for DesignationsDesignations

• The Department shall also consider The Department shall also consider practical manageable size, practical manageable size, integrated development or integrated development or management plans, inter-LGU management plans, inter-LGU working relationships and existence working relationships and existence of similar management areas or of similar management areas or bodies in the designations of the bodies in the designations of the WQMAWQMA

5.1.3 Requirements for the 5.1.3 Requirements for the

ProposalProposal..

• The Proposal for WQMA designations The Proposal for WQMA designations shall include a map of the shall include a map of the area,technical area,technical description/justification and description/justification and management rationale including management rationale including major threats of water quality major threats of water quality

Water Quality Water Quality Management (WQM) Management (WQM)

AreaArea GB – Formulate strategies to coordinate GB – Formulate strategies to coordinate

policies for implementing CWA.policies for implementing CWA. GB – Monitor the action GB – Monitor the action Each WQMA will have its own multi-Each WQMA will have its own multi-

sectoral group to establish and conduct sectoral group to establish and conduct WQ surveillance & monitoring network. WQ surveillance & monitoring network. The group shall report to GB.The group shall report to GB.

Technical support by Secretariat, Technical support by Secretariat, composed of experienced 1 lawyer; 1 composed of experienced 1 lawyer; 1 Geol/Biol; 1 C.E./Hydrologist; and 1 Geol/Biol; 1 C.E./Hydrologist; and 1 Chem /Chem. Engr. /San.Engr.Chem /Chem. Engr. /San.Engr.

Rule 5.3 Membership of the Rule 5.3 Membership of the Governing BoardGoverning Board

• Rule 5.3.1 Appointment of Rule 5.3.1 Appointment of representativesrepresentatives

National Agencies and Local government National Agencies and Local government units shall appoint their permanent units shall appoint their permanent and alternate members to the Board,and alternate members to the Board,

Non Government MembersNon Government Members

Civil Society,Water utility and private Civil Society,Water utility and private business sectorsbusiness sectors

Rule 6 Non –Attainment AreasRule 6 Non –Attainment Areas• Rule 6.1 GeneralRule 6.1 General

• 6.1.1Designations of Non-Attainment Areas. 6.1.1Designations of Non-Attainment Areas. – Within 6 months from the effectivity of – Within 6 months from the effectivity of this IRR,the DENR ,in coordination with the this IRR,the DENR ,in coordination with the local governments concerned,shall local governments concerned,shall designate and delineate as non-attainment designate and delineate as non-attainment areas water bodies or portions thereof areas water bodies or portions thereof where specific pollutansts from either where specific pollutansts from either natural or man-made sources have already natural or man-made sources have already exceeded water quality guidelines issued exceeded water quality guidelines issued pursuant to this Actpursuant to this Act

National Sewerage & National Sewerage & Septage Management Septage Management

ProgramProgram A priority listing of sewerage, septage A priority listing of sewerage, septage

and combined systems/project for LGUs and combined systems/project for LGUs based on relevant considerations for the based on relevant considerations for the protection of water qualityprotection of water quality

LGUs may enter into BOT or joint LGUs may enter into BOT or joint venture agreement w/ private sector for venture agreement w/ private sector for constructing, rehabilitating and/or constructing, rehabilitating and/or operation of such facilitiesoperation of such facilities

Each LGU shall appropriate land, Each LGU shall appropriate land, including right-of-way/ road access for including right-of-way/ road access for construction of sewage and septage construction of sewage and septage treatment facilities.treatment facilities.

Rule 7 National Sewerage and Rule 7 National Sewerage and Septage Management Program Septage Management Program (NSSMP)(NSSMP)• The DPWH shall,within twelve months The DPWH shall,within twelve months

from the effectivity of the CWA, prepare a from the effectivity of the CWA, prepare a National Sewerage and Septage National Sewerage and Septage Program(NSSMP) Program(NSSMP)

• NSSMP shall be a framework plan which NSSMP shall be a framework plan which will be formulated to address various will be formulated to address various national issues on: national issues on:

• Sanitation and Treatment and Disposal of Sanitation and Treatment and Disposal of Wastewater (focusing on objectives, Wastewater (focusing on objectives, strategies,targets, etc)strategies,targets, etc)

Rule 7.1.1 Role of DENRRule 7.1.1 Role of DENR

• The DENR shall coordinate with The DENR shall coordinate with DPWH san LGU’s in complying with DPWH san LGU’s in complying with Sec.7 of the CWA,contributing Sec.7 of the CWA,contributing specific environmental Criteria and specific environmental Criteria and data for the prioritization of data for the prioritization of sanitation, sewerage, septage sanitation, sewerage, septage management and combination of management and combination of different systems and projects.different systems and projects.

Domestic Sewage Domestic Sewage Collection, Treatment & Collection, Treatment &

DisposalDisposalW/in 5 yearsW/in 5 yearsSubdivisions, condominiums, malls, hotels, Subdivisions, condominiums, malls, hotels,

public buildings, etc. in highly urbanized cities public buildings, etc. in highly urbanized cities (HUCs) shall connect their sewage lines to (HUCs) shall connect their sewage lines to available systems or utilize their own sewerage available systems or utilize their own sewerage systemsystem

For non-HUCs, septage or combined sewerage-For non-HUCs, septage or combined sewerage-septage management systems to be employedseptage management systems to be employed

Said connection subject to service charges/feesSaid connection subject to service charges/feesDOH to prepare appropriate guidelinesDOH to prepare appropriate guidelines

Rule 8 Domestic Sewage Rule 8 Domestic Sewage ManagementManagement• R8.1R8.1 Sewerage and Sanitation projects - Sewerage and Sanitation projects -

shall be guided by DOH but for reuse for shall be guided by DOH but for reuse for agricultural purposes DA and DENRagricultural purposes DA and DENR

• R8.2R8.2 Pre-Treatment Standards for Existing Pre-Treatment Standards for Existing Sources and /or Pre-treatment Standards Sources and /or Pre-treatment Standards for New Sourcesfor New Sources

• R8.3R8.3 Mandatory Connections to Existing Mandatory Connections to Existing Sewerage Lines. The DPWH shall Sewerage Lines. The DPWH shall coordinate with the waters service coordinate with the waters service providers and concessionaires in Metro providers and concessionaires in Metro Manila and HUC’s in preparing a Manila and HUC’s in preparing a compliance plan for mandatory connection compliance plan for mandatory connection

Fines

NATIONALWATER QUALITY MGT. FUND

Proceedsof Permits

Donations,Endowments,

Grants

Purpose:To finance containment, clean-up operations, restoration & rehabilitation of affected areasSupport research, enforcement, monitoringProvide technical assistance, info, rewards & incentives

National Water Quality National Water Quality Management FundManagement Fund

Established as a Special Account in the National & Established as a Special Account in the National & Administered by DENRAdministered by DENR

Sourced from PAB fines; Permit fees; donations, Sourced from PAB fines; Permit fees; donations, endowments, grants . Donations exempt from endowments, grants . Donations exempt from donor’s taxes and all other taxes & deductible donor’s taxes and all other taxes & deductible from gross income of donorfrom gross income of donor

Used for:Used for:- Containment and clean-up operationsContainment and clean-up operations- Guarantee rehab of affected areas Guarantee rehab of affected areas - Support research, enforcement and monitoring Support research, enforcement and monitoring

activitiesactivities- Technical assistanceTechnical assistance- Rewards and incentivesRewards and incentives- Support IEC & OthersSupport IEC & Others

AREAWATER QUALITY MGT. FUND

WastewaterDischarge fees

Donations,Endowments,

Grants

Purpose:To maintain, upkeep water bodiesTo finance wastewater facilities (establish & repair)_ Operational expenses of GB (10%)Provide technical assistance, info, rewards & incentives

Fines beforeCWA(rural areas)

Funding…

Wastewater Charge Wastewater Charge SystemSystem

Established on the basis of payment to Established on the basis of payment to government for discharging wastewater government for discharging wastewater into the water bodies into the water bodies

Based on net waste load (diff. Of initial Based on net waste load (diff. Of initial load of abstracted water to waste load of load of abstracted water to waste load of discharged effluent), following formula (to discharged effluent), following formula (to be determined thru consultation) be determined thru consultation)

Complying industries to be charged Complying industries to be charged minimal reasonable amount (to be minimal reasonable amount (to be determined after due consultation, determined after due consultation, considering volumetric rate of discharge considering volumetric rate of discharge and effluent concentration)and effluent concentration)

AttributesAttributes•strong economic inducement

•cost of administering water quality management or improvement programs

•damages caused by water pollution on the surrounding environment

•Type of pollutant

•Water body classification

Waste Water Charge Waste Water Charge SystemSystem

• Established on the basis of payment Established on the basis of payment to the government for discharging to the government for discharging waste water into the water bodies.waste water into the water bodies.

Wastewater Charge SystemWastewater Charge System

•The Wastewater Discharge The Wastewater Discharge Fee FormulaFee Formula

WDF = LWDF = Ln n x R x R

Where:R is the rate per Where:R is the rate per kilogram (PhP/kg) which kilogram (PhP/kg) which is initially fixed at P5.00 is initially fixed at P5.00 per kilogram for priority per kilogram for priority pollutant parameter(e.g. pollutant parameter(e.g. BOD or TSS )BOD or TSS )

LLnn refers to the net waste load (kg/year), refers to the net waste load (kg/year), computed further as follows:computed further as follows:

LLnn (BOD5/TSS)(BOD5/TSS)= [( C= [( Cff – C – Caa ) (Q ) (Qff x N x Nff )] x 0.001 )] x 0.001• Where: Cf is the average daily effluent Where: Cf is the average daily effluent

concentration limit (mg/l) for priority pollutant concentration limit (mg/l) for priority pollutant parameter (BOD or TSS); Qf is the average parameter (BOD or TSS); Qf is the average daily volumetric flow rate measurement or daily volumetric flow rate measurement or final discharge effluent (m3/day) and Nf is the final discharge effluent (m3/day) and Nf is the total number of discharge days in a year (days/ total number of discharge days in a year (days/ year). Ca is the average water quality year). Ca is the average water quality concentration limit for priority pollutant concentration limit for priority pollutant parameter (BOD or TSS) of abstracted or intake parameter (BOD or TSS) of abstracted or intake water (mg/l).water (mg/l).

•

R 13.2 Fees for Discharge of R 13.2 Fees for Discharge of Effluent for Agricultural purposesEffluent for Agricultural purposes

• Shall be assessed Permit Shall be assessed Permit Only,provided that the wastewater Only,provided that the wastewater shall not drain into any water shall not drain into any water bodies.bodies.

• Once the standards have been Once the standards have been developed, WD Fee shall be applieddeveloped, WD Fee shall be applied

Wastewater Charge SystemWastewater Charge System

• Expansion of CoverageExpansion of Coverage

• Wastewater Recycled with Zero Wastewater Recycled with Zero DischargeDischarge

• Wastewater Charges in ECOZONEWastewater Charges in ECOZONE

• Sewerage Treatment PlantSewerage Treatment Plant

• Fees Collected from LLDA AreaFees Collected from LLDA Area

Discharge PermitsDischarge Permits

Legal authorization to Legal authorization to discharge wastewater , discharge wastewater , as granted by DENRas granted by DENR


• For : owners/operators of facilities that discharge regulated water pollutants

• Required Permit Info, among others:1. quantity and quality of effluent2. compliance schedule 3. monitoring requirement

……PermitsPermits

•Industries w/o permit, 12 months after IRR effectivity to secure permit

•Effluent trading - allowed per WQMA


• R14.1 Who May Apply for a R14.1 Who May Apply for a Wastewater Discharge Permit – Any Wastewater Discharge Permit – Any person that shall discharge in any person that shall discharge in any manner wastewater into Philippine manner wastewater into Philippine waters and/or land shall secure a waters and/or land shall secure a wastewater discharge permit from wastewater discharge permit from the Regional Office of the Bureau.the Regional Office of the Bureau.


• Requirements for the Approval and Requirements for the Approval and Issuance of a Wastewater Discharge Issuance of a Wastewater Discharge Permit for Discharge of Effluents for Permit for Discharge of Effluents for Agricultural Purposes: Agricultural Purposes:

Discharge PermitDischarge Permit• Posting of PermitPosting of Permit

• Transfer of PermitsTransfer of Permits

• Plant Operational ProblemsPlant Operational Problems

• Self-Monitoring ReportsSelf-Monitoring Reports

• Procurement of Effluent Quota Procurement of Effluent Quota AllocationAllocation

• Pollution sources connected to Pollution sources connected to sewerage systemssewerage systems

• Effluent TradingEffluent Trading

Programmatic EIA & Programmatic EIA & Financial Liability for Financial Liability for

Environmental Environmental RehabilitationRehabilitation

Programmatic compliance to the Programmatic compliance to the EIA system for a series of similar EIA system for a series of similar or cluster projectsor cluster projects

May require EGF as part of May require EGF as part of Environmental Management Plan Environmental Management Plan pursuant to PD 1586 – EIA in the pursuant to PD 1586 – EIA in the issuance of the Environmental issuance of the Environmental Compliance Certificate (ECC)Compliance Certificate (ECC)

Clean Up OperationsClean Up Operations

Any person who pollutes in excess of Any person who pollutes in excess of applicable and prevailing standards applicable and prevailing standards shall be responsible to contain, remove, shall be responsible to contain, remove, and clean-up any pollution incident at and clean-up any pollution incident at his own expensehis own expense

The DENR in collaboration with other The DENR in collaboration with other agencies shall do the same in case of agencies shall do the same in case of emergency(ies). Expenses incurred shall emergency(ies). Expenses incurred shall be reimbursed by guilty persons or be reimbursed by guilty persons or parties.parties.

Rule 16 Clean-up Rule 16 Clean-up OperationsOperations• Whenever the DENR discovers any Whenever the DENR discovers any

act or omission that has caused act or omission that has caused pollution of a water body,the pollution of a water body,the Department shall issue an order for Department shall issue an order for the perpetrator of the act or omission the perpetrator of the act or omission to contain,remove or clean-up the to contain,remove or clean-up the pollution at his own expense.pollution at his own expense.

Role of LGUsRole of LGUsBe responsible for WQ within their jurisdictions; Be responsible for WQ within their jurisdictions;

As such, LGUS shall prepare a compliance As such, LGUS shall prepare a compliance scheme subject to review & approval of the GB;scheme subject to review & approval of the GB;

Through their ENROs, LGUs shallThrough their ENROs, LGUs shall- Monitor WQMonitor WQ- Emergency responseEmergency response- Compliance within framework of the WQMA Compliance within framework of the WQMA

Action PlanAction Plan- Actively participate in all WQM activitiesActively participate in all WQM activities- Coordinate with All sectors to implement WQM Coordinate with All sectors to implement WQM

R20 Role of LGU’sR20 Role of LGU’s

• The Department shall provide The Department shall provide assistance to local government units assistance to local government units in the performancein the performance

Rewards & IncentivesRewards & Incentives

Rewards - For individuals, private Rewards - For individuals, private organizations, civil society with organizations, civil society with outstanding and innovative WQM outstanding and innovative WQM projects, activities, processesprojects, activities, processes

Incentives – For LGUS, water districts, Incentives – For LGUS, water districts, enterprises, or private entities and enterprises, or private entities and individuals that develop effective WQM or individuals that develop effective WQM or actively participate in WQMactively participate in WQM

- Non-fiscal: Inclusion in Investment Non-fiscal: Inclusion in Investment Priority Plan (IPP);Priority Plan (IPP);

A. Rewards

For: outstanding and innovative projects, technologies, processes and techniques in water quality management

B. Incentive scheme GENERAL

1. Inclusion in the Investment Priority Plan and Application of fiscal & non-fiscal incentives

• WWT

• Cleaner production

• Waste minimization tech

C. Incentive scheme – FISCAL 1. Tax & duty exemption on imported capital equipment.

• w/in 10 yrs. from effectivity of the Act

• Equipment: 1. For ind’l wastewater treatment/collection 2. Not manufactured domestically

(quantity, quality, price) 3. Necessary & actual/direct/exclusive use 4. Endorsement of DENR

C. Incentive… - FISCAL

3. Tax & duty exemption for donations, legacies and gifts.

D. Incentive Scheme – NON-FISCAL

• Financial Assistance Program

• Govt. financial institutions – shall accord HIGH PRIORITY to extend financial services…

• 2. Extension of Grants to LGUs

• …engaging in establishment or operation of sewerage facilities…for technical capabilities

Prohibited Acts• Depositing material of any kind

which could cause water pollution

• Discharging, injecting or allowing to seep into the earth any substance that would pollute groundwater

• Operating facilities that discharge regulated water pollutants without the valid required permits

Prohibited ActsProhibited Acts

• Operating Facilities that discharge Operating Facilities that discharge regulated water pollutants without regulated water pollutants without the valid required permits or after the valid required permits or after the permit was revoked for any the permit was revoked for any violation of any condition thereinviolation of any condition therein


• Refusal to allow entry,inspection and Refusal to allow entry,inspection and monitoring by the Department in monitoring by the Department in accordance with this Actaccordance with this Act

• Refusal to allow access by the Refusal to allow access by the Department to relevant reports and Department to relevant reports and records in accordance with this Actrecords in accordance with this Act


•Refusal or failure to submit Refusal or failure to submit reports whenever required by reports whenever required by the Department the Department

•Refusal or failure to designate Refusal or failure to designate pollution control officers pollution control officers whenever required by theb whenever required by theb DepartmentDepartment


• Non-compliance of LGU with the WQM Action Plan

• Direct use of booster pumps in the distribution system or tampering with the water supply

Fines, Damages Fines, Damages and Penaltiesand Penalties

- Fines of 10,000 – 200,000 PhP for every Fines of 10,000 – 200,000 PhP for every day of violation; upon PAB recommendation day of violation; upon PAB recommendation (rates to be increased 10% every 2 years);(rates to be increased 10% every 2 years);

- Closure, suspension of development or Closure, suspension of development or construction or cessation of operations, construction or cessation of operations, upon PAB recommendation;upon PAB recommendation;

- 2 to 4 yr imprisonment for failure to clean 2 to 4 yr imprisonment for failure to clean up & 50,000 – 100,000 for every day of up & 50,000 – 100,000 for every day of violation;violation;

Fines, Damages Fines, Damages and Penaltiesand Penalties

- 6 to 12 yrs imprisonment & 500,000 6 to 12 yrs imprisonment & 500,000 PhP for every day of violation for such PhP for every day of violation for such refusal resulting in serious injury or refusal resulting in serious injury or death and/or irreversible death and/or irreversible contamination;contamination;

•Gross Violation - Imprisonment - 6 to 10 years

• - Fine P 0.5-3M / day

•+ Criminal Charge

•deliberate discharge of pollutants per RA 6969

•5 or more violations of any of the prohibited acts within 2 years

•blatant disregard of PAB order

Admin sanctions for Admin sanctions for non-compliance to non-compliance to WQMA Action PlanWQMA Action Plan

- For local government officials tha fail to For local government officials tha fail to comply with the WQMA Action plan6 to comply with the WQMA Action plan6 to 12 yrs imprisonment & 500,000 PhP for 12 yrs imprisonment & 500,000 PhP for every day of violation for such refusal every day of violation for such refusal resulting in serious injury or death resulting in serious injury or death and/or irreversible contamination;and/or irreversible contamination;

- 6 to 10 yrs imprisonment, plus 500,000 6 to 10 yrs imprisonment, plus 500,000 – 3M PhP for each day of violation, plus – 3M PhP for each day of violation, plus criminal chargescriminal charges

LGUs

H20

Congressional Oversight Committee

Tech.Sec

INSTITUTIONAL LINKAGES

PCGLLDA

DOHDPWHDENR

WQMA BoardWQMA BoardWQMA BoardLLDA

Tech.Sec Tech.Sec

Civil Society

Other CWA Activities Other CWA Activities & Outputs& Outputs

National Water Quality National Water Quality Status ReportStatus Report

Prepared by DENR, NWRB, etc. Prepared by DENR, NWRB, etc. w/inw/in 24 mos. 24 mos. Report shall identify:Report shall identify:

Location & existing uses of waterLocation & existing uses of water bodiesbodies

Water quality & pollution sourcesWater quality & pollution sources Groundwater vulnerability mapsGroundwater vulnerability maps WQ Management Areas (WQMAs)WQ Management Areas (WQMAs) Water classificationWater classification

Integrated WQM Integrated WQM FrameworkFramework

Within 12 months after WQ Within 12 months after WQ status report status report

Official Blueprint of Official Blueprint of Government AgenciesGovernment Agencies WQ goals and targetsWQ goals and targets Period of compliancePeriod of compliance Water pollution controlWater pollution control

technologiestechnologies IEC campaignIEC campaign Human resources Human resources developmentdevelopment

10 – yr WQM Area Action 10 – yr WQM Area Action PlanPlan

Goals & targetsGoals & targetsSchedule of LGU complianceSchedule of LGU complianceWater pollution control strategies or Water pollution control strategies or

techniquestechniquesPublic IECPublic IECResource requirements & possible Resource requirements & possible

sourcessourcesEnforcement procedures of the planEnforcement procedures of the planRewards & incentivesRewards & incentives(w/in 12 months after WQM (w/in 12 months after WQM

frameworkframework

National Groundwater National Groundwater Vulnerability MappingVulnerability Mapping

W/in 24 mos. After act W/in 24 mos. After act effectivity effectivity

1:250,000 map series, showing 1:250,000 map series, showing degrees of groundwater degrees of groundwater vulnerability to contaminationvulnerability to contamination

For highly urbanized cities and For highly urbanized cities and remaining parts, esp. remaining parts, esp. environmentally critical projectsenvironmentally critical projects

Based on hyrdogeological and , soil Based on hyrdogeological and , soil and rock properties, topography, and rock properties, topography, etc.etc.

Inter Agency Technical Inter Agency Technical Assistance Committee Assistance Committee

To evaluate and endorse To evaluate and endorse appropriate appropriate water pollution water pollution control technologiescontrol technologies;;

To develop an environmental To develop an environmental technology verification technology verification program;program;

To promote the development To promote the development of clean technologies (CT) / of clean technologies (CT) / clean production (CP) clean production (CP) programsprograms

Headed by DOSTHeaded by DOST

Test Procedures for Test Procedures for Sampling & Analysis of Sampling & Analysis of

PollutantsPollutants

Within 12 months Within 12 months to to establish/adopt establish/adopt internationally accepted internationally accepted procedures;procedures;

Strengthening the Strengthening the accreditation of accreditation of environmental laboratories environmental laboratories & new testing procedures;& new testing procedures;

Categorization of point- Categorization of point- and non-point source3s and non-point source3s

of water pollutionof water pollution

Within 18 monthsWithin 18 months

Classification of Classification of groundwater sourcesgroundwater sources

Within 12 monthsWithin 12 months

Classification / Re-Classification / Re-classification of classification of

Philippine WatersPhilippine Waters

Includes all water bodies - Includes all water bodies - surface (freshwater, coastal surface (freshwater, coastal and marine) and groundwater and marine) and groundwater

Based on beneficial usagesBased on beneficial usagesReview/re-classification w/in Review/re-classification w/in

5 years after IRR effectivity 5 years after IRR effectivity and every 10 years thereafterand every 10 years thereafter

Water Quality Water Quality GuidelinesGuidelines

Review/revise and publish WQ guidelines Review/revise and publish WQ guidelines – reflecting knowledge on:– reflecting knowledge on: effects of pollutantseffects of pollutants Concentration & dispersion of pollutantsConcentration & dispersion of pollutants Beneficial uses of RWBBeneficial uses of RWB Best available / practicable technology Best available / practicable technology for prevention, abatement of pollutionfor prevention, abatement of pollution

Within 12 months from effectivity of ActWithin 12 months from effectivity of ActReview/revise every 5 yearsReview/revise every 5 years

Effluent StandardsEffluent StandardsReview/revise and publish Standards Review/revise and publish Standards

(every 5 yrs) (every 5 yrs) Adopts DAO 34 & 35 as interim Adopts DAO 34 & 35 as interim

standards standards Grace period (moratorium on Grace period (moratorium on Cease and Desist &/or Closure Orders) Cease and Desist &/or Closure Orders) for max. for max. 5 years5 years from Act effectivity – from Act effectivity – for existing industries, which would for existing industries, which would require significant retooling; EMS require significant retooling; EMS establishment; installation of APDs; establishment; installation of APDs; clean production facilities & processesclean production facilities & processes

No Grace period / moratorium in cases of No Grace period / moratorium in cases of serious and grave threat to serious and grave threat to environmentenvironment

Programmatic EIA for the Programmatic EIA for the ff:ff:

Series of similar development Series of similar development projects/sub-projects/phases situated projects/sub-projects/phases situated in a contiguous or geographically in a contiguous or geographically dispersed area; such as industrial dispersed area; such as industrial estate, export processing zone, or estate, export processing zone, or development zone in a land use plandevelopment zone in a land use plan

Guided by carrying capacity Guided by carrying capacity assessment from ecological profilesassessment from ecological profiles

Allocation of effluent quotas w/in Allocation of effluent quotas w/in jurisdiction of WQMAs & regional jurisdiction of WQMAs & regional industrial centers established under industrial centers established under PEZA Law (or RA 7916)PEZA Law (or RA 7916)

General ImplicationsGeneral Implications

• The Discharger /Establishment The Discharger /Establishment should operationalize source should operationalize source reduction control program such as reduction control program such as pollution prevention , waste pollution prevention , waste minimization , clean technology or minimization , clean technology or any other similar program whose any other similar program whose objective is to reduce , control or objective is to reduce , control or prevent discharge of pollutants . prevent discharge of pollutants .

•High Cost for operation both to High Cost for operation both to the regulatory agency as well as the regulatory agency as well as to the regulated community .to the regulated community .

•The coverage of the ACT is The coverage of the ACT is expanded to point and non-point expanded to point and non-point sources, industrial and sources, industrial and commercial waste waterscommercial waste waters

•High risks (Prohibited Acts High risks (Prohibited Acts and Gross Violations)and Gross Violations)

•Fines, PenaltiesFines, Penalties and and Violations are hugeViolations are huge

•SME’s may apply the SME’s may apply the Environmental Environmental Management System Management System

•Additional recognition of Additional recognition of laboratorieslaboratories

•Commercial establishments Commercial establishments must tap or connect their must tap or connect their liquid waste to the existing liquid waste to the existing sewerage lines within one year sewerage lines within one year or install their respective WTPor install their respective WTP

•Very Tedious Monitoring Very Tedious Monitoring Requirements ( Land Requirements ( Land Application)Application)

•More Frequent and voluminous More Frequent and voluminous reporting and submission of reporting and submission of requirementsrequirements

•More Frequent Field and Lab More Frequent Field and Lab MonitoringMonitoring

• Report Submission will be very Report Submission will be very difficult for SME’sdifficult for SME’s

• Strict Permit Conditions, monitoring Strict Permit Conditions, monitoring requirementsrequirements

• More Pollution Complaints (surface More Pollution Complaints (surface waters, groundwater , soil and cropswaters, groundwater , soil and crops

• SME’s and other new establishments SME’s and other new establishments may transport their Effluent to may transport their Effluent to recognized treater because of the recognized treater because of the high charges , requirements or high charges , requirements or responsibilitiesresponsibilities

Thank You Thank You for Your Attentionfor Your Attention

Thank You Thank You for Your Attentionfor Your Attention

Documents

Clean Water Act (RA 9275) and Its Implementing Rules and Regulations Nicanor E. Mendoza Environmental Management Bureau