Title
Supreme Court
Water Discharge Permit Regulations Update
Law
Department Administrative Order No. 25, S. 2004
Decision Date
Aug 25, 2004
The Department Administrative Order No. 25, S. 2004 streamlines the permitting process for water pollution control facilities by eliminating the "Authority to Construct" requirement and converting the Permit to Operate into a Discharge Permit, ensuring compliance with updated environmental standards.

Q&A (DEPARTMENT ADMINISTRATIVE ORDER NO. 25, S. 2004)

The removal aims to expedite compliance of establishments with DENR standards for water pollution control by eliminating the "Authority to Construct" requirement, reflecting enhanced knowledge and experience in water pollution control, and aligning with RA 9275 (Clean Water Act of 2004).

The Permit to Operate is converted to a Discharge Permit to manage and regulate discharges as per DAO No. 25, s. 2004 and consistent with RA 9275.

Owners or operators of facilities that discharge regulated effluents must file the application.

Applicants must submit (1) an engineering report detailing plant operations and waste control facilities, (2) a vicinity map, (3) plant and drainage layout, (4) plans and specifications certified by a registered engineer, and (5) results of laboratory effluent analysis.

Grounds include non-compliance with PD 984/RA 9275 or permit conditions, non-submission of quarterly reports, falsification of application information, refusal of lawful inspection, non-payment of fees, and other lawful causes under the guidelines.

The permit holder loses the right to discharge wastewater, and continuing to discharge can lead to an Ex-parte Cease and Desist Order, fines, penalties, and criminal prosecution under the Clean Water Act.

The permittee or pollution control officer must notify the DENR within 24 hours, detailing the cause, corrective steps, estimated breakdown duration, and other relevant information. Notification must also be made when operations resume.

No, Discharge Permits are non-transferable; however, the new owner must notify the Regional Office and apply for transfer within 15 working days if there is no change in business nature.

SMRs must be submitted as required in DAO 27, Series of 2003. They are necessary for permit renewal and evaluation. Failure to comply can result in non-acceptance of SMRs and imposition of penalties on the permit holder.


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