Question & AnswerQ&A (Republic Act No. 9275)
The short title of Republic Act No. 9275 is the "Philippine Clean Water Act of 2004."
The primary policy objective is to pursue economic growth consistent with the protection, preservation, and revival of the quality of fresh, brackish, and marine waters in the Philippines, through a comprehensive water quality management program.
The Act applies to water quality management in all water bodies, including fresh, brackish, and marine waters, but primarily targets the abatement and control of pollution from land-based sources.
An aquifer is defined as a layer of water-bearing rock located underground that transmits water in sufficient quantity to supply pumping wells or natural springs.
A point source is any identifiable source of pollution with a specific point of discharge into a particular water body.
Non-point sources are sources of pollution not identifiable as point sources, including runoff from irrigation or rainwater which picks up pollutants from farms and urban areas.
The Department of Environment and Natural Resources (DENR) is the primary government agency responsible for implementation and enforcement unless otherwise provided.
Owners or operators must secure a discharge permit from the DENR specifying the quantity and quality of effluents allowed, compliance schedules, and monitoring requirements.
Violations can result in fines ranging from Php 10,000 to Php 200,000 per day of violation, imprisonment for failure to undertake clean-up operations, and in cases of gross violations, fines up to Php 3 million and imprisonment of 6 to 10 years.
The EGF is required to finance maintenance of ecosystem health, conservation of watersheds and aquifers, and emergency response, clean-up, or rehabilitation of areas damaged by projects.
LGUs share responsibility for water quality management, preparing compliance schemes, monitoring water quality, emergency response, and coordinating with government agencies and civil society in pollution prevention and control.
It is a designated area with similar hydrological, hydrogeological, meteorological, or geographic conditions requiring coordinated policies for effective water quality management, governed by a board including local government and other sector representatives.
Charges are based on the net waste load discharged into water bodies considering pollutant type, receiving water classification, and environmental damage, meant to incentivize pollution reduction and cover administrative costs.
Industries within standards are charged minimal reasonable amounts based on volumetric rate and effluent concentration, encouraging compliance and pollution control.
Prohibited acts include discharging pollutants without permits, dumping hazardous substances, refusal of inspections, tampering with water supply quality, and noncompliance with water quality management plans.