QuestionsQuestions (LLDA Resolution NO. 33, S. 1996)
It is issued pursuant to R.A. No. 4850 (as amended), as well as Presidential Decree No. 813, Executive Order No. 927, and Presidential Decree No. 984, empowering the LLDA to issue necessary rules and regulations to carry out its functions.
To reduce pollution loading into Laguna de Bay by enjoining dischargers to internalize the costs of environmental degradation/enhancement into their business decisions, as a market-based instrument complementing regulatory mechanisms.
To all development projects, installations, and activities that discharge liquid waste into the Laguna de Bay Region and pose environmental threat—industrial, commercial, domestic, and agricultural sources—and for administration of discharge permits based on assessed fees/charges.
A clearance or legal authorization granted by LLDA to discharge liquid waste/wastewater of specified concentration and volume into a sewer system or a water body draining into Laguna de Bay for a specified period.
The applicant must file an application under oath with prescribed forms (2 copies) and include the LLDA Clearance copy, an Engineer’s Report (signed by a licensed engineer), statement of final cost and annual maintenance for pollution control devices (if any), accreditation/designation of the Pollution Control Officer, payment of user fees as assessed, and other required documents; opposition may trigger a public hearing and require compliance conditions and a performance bond/guarantee.
Within thirty (30) days from receipt of all requirements, LLDA must either issue the permit upon compliance or deny it in writing stating the reasons.
Including payment of user fees, compliance with water quality standards, and monitoring/data collection requirements to inform LLDA for permit modifications.
It is a sufficient ground for revocation of the permit. Arrears must be paid in full before a new permit is issued, unless installment payment is allowed by LLDA upon application.
Current year fees are assessed based on data in the application, prior self-monitoring reports (if any), the Industrial Effluent Guide, and other available data. For subsequent years, surcharge or credit is applied depending on accuracy of prior assessment versus actual discharge characteristics.
If actual loadings exceed permit allowances, LLDA imposes surcharges equivalent to excess loading times applicable user fee rates plus 5% per month. If loadings are less, a refund or credit of a portion of the variable fee may be granted. Allowable exceedance must be within 20% of allowable discharge loading and not more than two (2) consecutive periods/quarters; beyond these, LLDA may suspend/revoke and impose other sanctions.
The variable component may be paid in full or in equal quarterly installments. Full payment within fifteen (15) days after release of assessment at filing grants a 20% discount. Late quarterly installment payments incur a 5% per month surcharge, without prejudice to other fines/penalties.
If the application is disapproved, the applicant may file a petition for reconsideration within ten (10) days from receipt of written notice. LLDA must decide within fifteen (15) days from filing.
The decision may be appealed to the Secretary of the DENR within fifteen (15) days from receipt of written notice. The appeal does not stay execution of LLDA’s decision unless the Secretary orders otherwise.
Non-compliance/violation of R.A. 4850 and related laws/rules and/or permit conditions (notably water quality standards), false/inaccurate information that led to the permit, refusal to allow inspections, non-payment of user fees, and other lawful/valid causes under the rules.
LLDA may issue an ex-parte Cease and Desist Order directing discontinuance of discharging or stoppage of operations and impose fines/penalties at existing rates, without prejudice to criminal prosecution under R.A. 4850, P.D. 813, E.O. 927, P.D. 984, and other applicable laws.
LLDA requires quarterly self-monitoring reports on prescribed forms under oath before a notary, signed by the CEO and Pollution Control Officer. Reports must be submitted within five (5) days after the end of each quarter/period.
A uniform effluent standard for Biochemical Oxygen Demand (BOD) of 50 mg/L, regardless of raw wastewater strength, if discharge drains directly or eventually to Laguna de Bay or its tributary rivers/streams.
General prohibitions include not undertaking development in the region without LLDA clearance; not disposing liquid substances that cause pollution; and not disposing toxic/hazardous wastes without written authorization. Specific prohibitions include increasing waste volume/strength beyond permitted levels and constructing/using unauthorized outlets or bypass channels for discharge of untreated waste.
(a) Administrative fine up to P5,000 in addition to other sanctions. (b) Fine up to P5,000 per day for each day of continued violation/default after notice and hearing. (c) Penalty not exceeding P1,000 for each day of continued violation, or imprisonment from 2 to 6 years, or both after notice and hearing; corporations’ responsible officers may be liable.