QuestionsQuestions (MEMORANDUM CIRCULAR NO. 2017-05)
The Memorandum Circular implements the new GES promulgated by DENR through DAO No. 2016-08, which was adopted by LLDA through LLDA Board Resolution No. 523, s. 2017, pursuant to Republic Act No. 9275 (Philippine Clean Water Act of 2004).
The guidelines apply to all existing and/or new development projects, installations, and activities required to secure a discharge permit under LLDA Board Resolution No. 322, s. 2007 or the Modified Wastewater Charge System in the Laguna de Bay Region.
Discharges from any point source must at all times meet the effluent standards set forth in Tables 9 and 10 of DENR DAO 2016-08 to maintain Class C water quality for water bodies within the Laguna de Bay Region and Class SB for Manila Bay.
With the new GES, industries are only required to monitor the effluent quality parameters determined to be significant to them. Results of laboratory analysis for all significant parameters must be submitted to LLDA as part of the Self-Monitoring Report (SMR).
No, wastewater generated by an establishment is not allowed to be reused for irrigation and other agricultural purposes without a valid certification issued by the Department of Agriculture (DA) in accordance with DA Administrative Order 2007-26 (as amended to conform with DENR water quality guidelines and GES). The certification must be valid for the duration of the discharge permit.
Effluent quality monitoring procedures must follow the Effluent Quality Monitoring Manual issued by DENR-EMB through Memorandum Circular 2008-008 as adopted by LLDA.
Point sources are categorized into sectors consistent with the Philippine Standard Industrial Classification (PSIC, 2009). The significant effluent quality parameters for each sector are based on Table 8 of the DAO. If an establishment does not fall in an identified sector, LLDA identifies the most probable pollutants, which then become the parameters for the establishment’s discharge permit and compliance monitoring.
Wastewater treatment facilities catering to both process wastewater and domestic sewage must be monitored for effluent parameters significant to them, including parameters intended for domestic sewage as listed in PSIC Code No. 37000.
Yes. LLDA may include additional effluent parameter(s) other than those listed in the assigned PSIC code for laboratory analysis if those parameter(s) are deemed significant based on actual inspection of the facility’s processes or activities.
They must request and submit at least ten (10) monthly monitoring results (or a minimum of twelve (12) monitoring results of a 6-month period) showing that influent BOD is equal to or greater than 3,000 mg/L at all times. Samples must be analyzed by a DENR-recognized third-party laboratory, and LLDA may validate the claim.
The applicable effluent standards in Table 10 must be enforced and complied with at all times for BOD. Laboratory analysis for influent BOD must be conducted consistent with the analysis of effluent samples included in the SMR.
Because Manila Bay is re-classified into Class SB pursuant to the continuing mandamus of the Supreme Court. Establishments directly draining into Manila Bay with BOD as one of their significant parameters and considered as strong waste must comply with the maximum BOD value in Table 9.
Any natural or juridical person may request modification of the GES if consistent with RA 9275 and its IRR. The request must include clear and scientifically valid evidence with probative value and include at least ten (10) monthly monitoring results or at least twelve (12) monitoring results in a 6-month period. LLDA will validate and may consult DENR.
If the parameter is present in its regulatory stream but is below the method detection level (MDL) for at least ten (10) monitoring events (self-monitoring at least twice a month) and there is no change in technology and raw materials. After approval, the establishment must inform LLDA of any changes so validity of exclusion can be verified; such conditions are reflected in the discharge permit.
A grace period of not more than five (5) years may be requested, provided the establishment submits a Compliance Action Plan (CAP). Grace period eligibility is limited to cases where GES values became more stringent compared to DAO 1990-35 or new significant parameters were identified for the sector.
After approval of the CAP, a moratorium is in effect that includes prohibition on issuance of cease and desist orders, closure orders, fines, and other penalties against the establishment’s operations. However, DAO 1990-35 remains in effect during the grace period, so failure in any regulated parameters under DAO 1990-35 is not covered by the moratorium.
The case is deemed recommended for dismissal if the non-compliant parameter is no longer included in the list of its new significant parameters. The cut-off date for computation of daily penalty and Environmental User Fee is the date of effectivity of the IRR. If the establishment submitted a CAP applying DAO 1990-35 during the grace period, the case remains active until compliance with the DAO 1990-35 effluent standards.
Violations of any order or decision or provision of the IRR are liable under Section 28 of RA 9275: PHP 10,000 per day (minimum) and PHP 200,000 per day (maximum), with fines increased by 10% every two (2) years. The Memorandum also states that the fines and penalties under LLDA Board Resolution No. 404, s. 2012 adopting Section 28 of RA 9275 shall apply.