QuestionsQuestions (Republic Act No. 9275)
The short title is the “Philippine Clean Water Act of 2004.” The State policy is to pursue economic growth consistent with protection, preservation, and revival of the quality of fresh, brackish, and marine waters, using an integrated and holistic framework, preventive pollution control, effective coordination, economic incentives, public participation, accountability, and support for civil society and other sectors.
RA 9275 applies to water quality management in all water bodies, primarily to abatement and control of pollution from land-based sources. However, water quality standards/regulations and civil liability/penal provisions are enforced irrespective of the pollution source.
“Effluent” refers to discharges from known sources into a body of water or land (including wastewater from facilities). “Effluent standard” is the legal restriction/limitation on quantities/rates/concentrations of parameters that a person or point source may discharge. “Discharge” includes spilling, leaking, pumping, pouring, emitting, emptying, releasing, or dumping of material into a water body or onto land from which it may flow/drain into it.
A “point source” is any identifiable source of pollution with a specific point of discharge. A “non-point source” is any source not identifiable as a single point of discharge, including run-off from irrigation or rainwater picking up pollutants from farms and urban areas.
A WQMA is an area designated by DENR (in coordination with NWRB) using physiographic units like watersheds or river basins, where conditions affect pollutant diffusion/reactions or share common interests/problems. It is governed by a board composed of representatives of mayors and governors of member LGUs, representatives of relevant national government agencies, duly registered NGOs, water utility sector, and business sector; the DENR representative chairs the board.
The governing board formulates strategies for coordination of policies for effective implementation and monitors compliance with the action plan. Each management area has a technical secretariat (part of DENR) providing technical support to the board, with specified minimum professional qualifications.
DENR designates water bodies/portions where specific pollutants already exceed water quality guidelines as non-attainment areas. DENR must implement a program preventing new sources of the exceeded pollutant without corresponding reductions from existing sources, subject to exceptions such as naturally occurring pollutants (where discharge may be allowed if it does not exceed naturally occurring levels and does not adversely affect water supply, public health, or ecology).
DPWH, via relevant attached agencies, in coordination with DENR, LGUs, and others, must prepare a national program on sewerage and septage management as soon as possible but not later than 12 months from the effectivity of RA 9275.
Within five years from effectivity, agencies vested to provide water supply and sewerage facilities/concessionaires in Metro Manila and HUCs must require connection of existing sewage lines in subdivisions, condominiums, commercial centers, hotels, hospitals, market places, public buildings, industrial complexes, and households to available sewerage systems, subject to sewerage service charges/fees. All sewage and septage must comply with RA 9275 requirements.
It is a special account in the National Treasury administered by DENR (with other concerned agencies). It finances: containment and clean-up operations in water pollution cases; ecosystem restoration and rehabilitation; research, enforcement, and monitoring; technical assistance; rewards and incentives; information/education campaigns; and other disbursements solely for prevention/control/abatement and management/administration of management areas.
It is established for maintenance/upkeep of water bodies in a WQMA. It funds: rewards/incentives for better-than-criteria effluent dischargers; loans for acquisition and repairs of facilities to reduce quantity/improve wastewater discharge; and regular maintenance of water bodies. Up to 10% of annual accrual may be for operational expenses of the governing board/secretariat and monitoring network. Initially sourced from fines incurred by establishments in rural areas; thereafter from wastewater charge fees and other contributions.
DENR must implement a wastewater charge system in all management areas through collection of wastewater charges/fees based on payment to government for discharging wastewater. Charges must consider economic inducement for pollution reduction; cost of administering water quality programs; damages caused; type of pollutant; classification of receiving water body; and other special attributes. Charges are based on net waste load (initial waste load of abstracted water minus waste load of final effluent discharge). Net waste load cannot be lower than initial waste load, and the system does not apply to wastewater from geothermal exploration.
DENR must require owners/operators of facilities discharging regulated effluents to secure a discharge permit. The permit specifies quantity/quality of effluent allowed, compliance schedule, and monitoring requirements. DENR encourages adoption of waste minimization and cost-effective treatment technologies, develops procedures relating water quality guidelines to total pollution loadings for effluent quota allocation, and grants (for industries without permits) a period of 12 months after the IRR effectivity to secure a discharge permit.
Program/project proponents must put up an environmental guarantee fund as part of their environmental management plan attached to the ECC under PD 1586. The EGF finances maintenance of ecosystem health and conservation of watersheds/aquifers affected, emergency response/clean-up/rehabilitation of areas damaged during implementation, and liability continues even after termination until a period specified in the ECC.
Any person causing pollution in excess of applicable standards must contain/remove/clean up at their own expense to the extent water bodies are rendered unfit. If emergency clean-up is necessary and the polluter fails to immediately undertake it, DENR (coordinating with other agencies) will conduct containment/removal/clean-up. Expenses are reimbursed by the persons found administratively liable, and reimbursements go to the Water Quality Management Fund or other source funds.
(1) Prohibited are discharging/depositing material into water bodies or along margins of surface water where it may be washed into the water body and cause pollution or impede natural flow. (2) Prohibited are injecting/allowing seepage into soil/sub-soil substances that pollute groundwater (with geothermal exceptions subject to DENR approval and safety measures). (3) Operating facilities discharging regulated pollutants without the valid required permits or after permit revocation, or in violation of permit conditions.
For prohibited acts/violations, the Secretary (upon PAB recommendation) may impose fines of not less than P10,000 nor more than P200,000 per day of violation, increased by 10% every two years. The Secretary may also order closure/suspension of construction or cessation of operations (or disconnection of water supply where appropriate) until environmental safeguards/compliance are implemented; an ex parte order may be issued during pendency of the case. Failure or willful/gross negligent clean-up triggers imprisonment and daily fines, and serious injury/life loss/irreversible contamination triggers higher imprisonment and fines. Gross violations may lead to higher fines and imprisonment, and if the offender is a juridical person, specified responsible officers (e.g., president/manager/pollution control officer) may be held liable.
Without prejudice to affected persons’ right to file administrative actions, DENR may institute administrative proceedings on its own instance or upon a verified complaint by any person in the proper forum against any person who violates standards/limitations of the Act or violates any order/rule/regulation issued by DENR under the Act.