QuestionsQuestions (Republic Act No. 9275)
It is known as the “Philippine Clean Water Act of 2004.”
To pursue economic growth consistent with the protection, preservation, and revival of water quality, while streamlining processes for prevention, control, and abatement of water pollution and promoting sustainable development.
It applies to water quality management in all water bodies, primarily to abatement and control of pollution from land-based sources, but water quality standards, regulations, and civil liability and penal provisions are enforced irrespective of sources of pollution.
Point source is an identifiable source of pollution with a specific point of discharge into a water body. Non-point source is pollution from sources not identifiable as point sources, such as runoff from farms and urban areas.
Effluent refers to discharges from known sources passed into a body of water or land, including wastewater flowing out of facilities. Discharge is the act of spilling, leaking, pumping, pouring, emitting, emptying, releasing, or dumping any material into a water body or onto land from which it might flow or drain into a water body.
They are areas designated by DENR (with NWRB coordination) using physiographic units like watershed/river basins/water resources regions, reflecting similar hydrological/hydrogeological conditions or common interests/development problems.
It is composed of representatives of mayors and governors of member LGUs, representatives of relevant national government agencies, registered NGOs, the water utility sector, and business sector; DENR chairs it. The board coordinates policies for implementation and monitors compliance with the action plan.
It includes goals and targets (including sewerage/septage program), schedule of compliance, pollution control strategies, public information/education program, resource requirements and sources, enforcement procedures, and rewards/incentives under Chapter 4.
To designate water bodies (or portions) where specific pollutants have exceeded water quality guidelines, and to implement measures that prevent new sources of those exceeded pollutants without corresponding reductions from existing sources.
New sources of exceeded pollutants are not allowed unless there is corresponding reduction in discharges from existing sources. If the pollutant is naturally occurring (e.g., naturally high boron in geothermal areas), discharge may be allowed if effluent concentration does not exceed naturally occurring level and does not adversely affect water supply, public health, and ecological protection.
A system implemented in management areas to collect wastewater charges/fees based on payment to government for discharging wastewater into water bodies, designed to strongly incentivize polluters to modify processes or invest in pollution control, cover administration/improvement costs, and reflect damages/rehabilitation costs considering pollutant type and water-body classification.
It is a legal authorization from DENR that specifies the quantity and quality of effluent allowed, compliance schedule, and monitoring requirements.
Program/project proponents must put up an EGF as part of the environmental management plan attached to the ECC. The EGF finances ecosystem health maintenance, conservation of watersheds/aquifers affected, and emergency response/clean-up/rehabilitation of damaged areas during implementation.
The polluter is responsible to contain, remove, and clean-up at its own expense to the extent the water body is rendered unfit for beneficial use. If emergency clean-up is necessary and the polluter fails to immediately undertake it, DENR (coordinated with other agencies) will conduct clean-up, and expenses will be reimbursed by the persons who caused the pollution after administrative determination.
DENR is the primary agency for implementation and enforcement, including preparation of key reports/frameworks/action plans, enforcement/revision of guidelines and effluent standards, development of sampling/accreditation systems, issuance of permits and orders, imposition of sanctions, and coordination with LGUs and other agencies.
LGUs share responsibility within their jurisdictions, prepare compliance schemes consistent with the WQMAAP, monitor water quality, do emergency response, comply with the framework/action plan, participate in protection/rehabilitation efforts, and coordinate with agencies and civil society.
Examples include (1) discharging/depositing material into water bodies or margins that can cause pollution or impede natural flow; (2) discharging/injecting/seeping substances that pollute groundwater; (3) operating facilities that discharge regulated pollutants without a valid permit or after permit revocation; (4) disposal of potentially infectious medical waste into sea water by vessels unless safety is threatened; (5) transporting/dumping prohibited wastes or chemicals into water; (6) undertaking development in violation of PD 1586; (7) discharging without valid discharge permit; (8) refusal to allow entry/inspection/monitoring; (9) refusal to submit reports; (10) failure to designate pollution control officers; (11) directly using booster pumps/tampering to alter impair water quality.
For prohibited acts/violations, Secretary upon PAB recommendation may fine not less than P10,000 nor more than P200,000 for every day of violation, increasing 10% every two years. The Secretary may order closure/suspension/cessation or disconnection of water supply until safeguards/compliance are in place, without prejudice to ex parte orders during pendency. Failure to clean-up (willfully or gross negligence) has imprisonment and daily fines, with higher penalties if results include serious injury/loss of life or irreversible contamination. Gross violations may lead to higher fines and imprisonment, and if offender is juridical person, responsible officers including the president/manager/Pollution Control Officer are penalized.