Legal basis, framework, and repealed provisions
- The Order is anchored on PD 984’s implementing rules for water pollution control permitting.
- The Order aligns permitting rules with Republic Act No. 9275 (Clean Water Act of 2004), particularly in converting “Permit to Operate” to a “Discharge Permit” for management and regulation of discharges.
- The Order references RA 9275 and also DAO 2003-39 (IRR of the DENR-EMB National Environmental User’s Fee of 2002) to support the conversion to discharge permitting.
- The entire Article I of Chapter V of the Implementing Rules and Regulations of PD 984 is repealed and replaced with new Section 1 to Section 10 provisions on discharge permits.
Policy and intent of the permitting shift
- The Order is issued to expedite compliance by establishments with water pollution source/control facilities with DENR standards and requirements.
- The Order recognizes enhanced knowledge and experience in water pollution control from local and foreign information.
- The Order removes the “Authority to Construct” requirement and converts the “Permit to Operate” requirement into a Discharge Permit to manage and regulate discharges.
Discharge Permit applications: filing and required reports
- Section 1 requires an application for a Discharge Permit to be filed by the owners or operators of facilities that discharge regulated effluents.
- Applications must be made in a format prescribed by the Department through the Bureau (EMB) and filed in triplicate copies, including the listed requirements.
- For an Original Discharge Permit, the application must include the following:
- (1) An engineering report covering: plant description and operations; types and quantities of all waste materials generated (whether liquid, gaseous or solid); proposed waste control facilities; treatment objectives; design criteria; and other relevant information.
- The engineering report must include design criteria when warranted, based on results of laboratory and pilot plant scale studies, and must include design efficiencies of proposed treatment facilities and the quantities and types of pollutants in the treated effluents or emissions.
- Where confidential records are involved, the Bureau may limit full disclosure after personal discussions with the applicant.
- (2) A vicinity map adequately identifying the street address (if any), and the location or premises of the installation.
- (3) A plant and drainage layout indicating sources of wastewater discharge and point of disposal.
- (4) Plans and specifications of the installation and control facilities (preferably in standard size of 50 cm by 90 cm) duly certified by a registered sanitary engineer, chemical engineer, or any appropriate engineer, or any combination of any two or all of them as required by the Bureau depending on the nature of construction, operation, or activity covered by the permit.
- The plans must clearly show, in adequate detail, the arrangement, location, and size of pollution control equipment/facilities, including accessories, cross-sections, and construction details.
- The specifications must be sufficiently detailed so that, when read with the plans, they clearly reveal the proposed means and methods for pollution control and expected performance efficiency.
- (5) Results of laboratory analysis of effluent.
- For Renewal, the application must include only a duly accomplished application form.
- No other definitions or permit application categories are created beyond Original and Renewal under Section 1.
Department action, review rights, and temporary permitting
- Section 2 requires the Department through the Bureau to act on the application within twenty five (25) days from submission of complete requirements by approving or denying the application in writing.
- The Department through the Bureau may deny an application with incomplete requirements when the applicant fails or refuses to complete it despite being given reasonable time to do so.
- If the application is denied, the applicant may file a petition for reconsideration within fifteen (15) days from notice.
- Permits applications must be available for public review at the Department Regional Office for the region where the facility is located.
- Any interested person may oppose in writing before approval, and the Bureau may conduct a public hearing on the application in such case.
- Section 3 allows a Temporary Discharge Permit for purposes of sampling and testing of new facilities.
- A Temporary Discharge Permit may not exceed ninety (90) days, and issuance is conditioned on submission of a satisfactory report and the applicant having a pending Discharge Permit application.
- Once sampling/testing results show compliance with standards, a regular permit shall be issued.
Permit duration, renewal, conditions, and transfer limits
- Section 4 provides that a duly issued Discharge Permit is valid for five (5) years, unless suspended or revoked sooner.
- A permit may be renewed by filing a renewal application at least thirty (30) days before expiration, together with payment of required fees and compliance with requirements.
- Issuance of the permit does not relieve the permittee from complying with other requirements of the Act and these Rules.
- Commencement of work or operation under the permit is deemed acceptance of all conditions specified in the permit.
- Section 8 makes the permit non-transferable.
- In case of sale or transfer of ownership/control of the establishment and/or facilities, the transferee must notify the Regional Office within fifteen (15) working days of transfer and provide:
- the transferee’s name and address,
- a document evidencing the transfer,
- an application for transfer of the permit in the transferee’s name,
- on condition that there is no change in the nature of the business.
- The permit expires according to the original expiry date notwithstanding the transfer.
Suspension, revocation grounds, and consequences of disapproval
- Section 5 authorizes the Regional Office, after due notice and hearing, to suspend or revoke an existing and valid permit on any of the following grounds:
- a. Non-compliance with or violation of any provision of PD 984/RA 9275 or these implementing guidelines and/or permit conditions.
- b. Non-submission of quarterly self-monitoring reports.
- c. Falsification of information stated in the application for permit, which led the Regional Office to issue the permit.
- d. Refusal to allow lawful inspections under Section 23 (k), (l), (m), (n), and (o) of RA 9275.
- e. Non-payment of Permit Fees.
- f. Other lawful and valid causes as provided for in these implementing guidelines.
- Section 6 states that disapproved applications or suspended/revoked discharge permits grant no right or privilege to discharge wastewater into the environment.
- If the applicant continues discharging despite disapproval or suspension/revocation, the Secretary or his duly authorized representative must issue an Ex-parte Cease and Desist Order directing the discharger to discontinue further discharging wastewater into:
- the immediate receiving water body or
- its tributaries or land resources,
- or to stop discharger operations.
- The Ex-parte Cease and Desist Order must impose fines and penalties at the existing rate applicable and provided for by law, without prejudice to criminal prosecution under RA 9275 and other applicable laws.
- If wastewater quality exceeds existing allowable DENR Effluent Standards under DENR Administrative Order No. 35 series of 1990, the matter must be referred to the Pollution Adjudication Board (PAB) for the issuance of an ex-parte Cease and Desist Order and imposition of fines.
Permit posting, operational breakdown reporting, and SMR duties
- Section 7 requires the permit holder/discharger to display the permit within the premises of the plant or installation in a noticeable place, clearly visible and accessible.
- Section 9 requires immediate notification within 24 hours from the occurrence of any breakdown causing temporary inability to comply with permit conditions.
- The permittee must notify the Department through the Bureau of:
- the causes of the breakdown,
- steps being taken to solve the problem and prevent recurrence,
- the estimated duration of the breakdown,
- intent toward reconstruction or repair,
- and other relevant information/data required by the Bureau.
- The permittee must immediately notify when the condition causing failure/breakdown has been corrected and the source equipment or facility is again in operation.
- When breakdown correction occurs, the permittee may be subject to fines or penalties as provided under Article VII, Section 53 of the IRR of PD 984 and Section 28 of RA 9275.
- Section 10 provides that Self-Monitoring Reports (SMR) are necessary requirements to allow for the continuance of the permit.
- Permit evaluation for basis of renewal depends on the information provided in the SMR.
- The frequency, format, and specifications of SMR must strictly follow DAO 27, Series of 2003.
- Failure to submit and to fill up all required information and follow required format can lead to non-acceptance of the SMR and imposition of attending and appropriate penalties on the permit holder.
Repeal of inconsistent issuances and permit regulations update
- The Order repeals, modifies, or amends all administrative orders, memorandum circulars, memorandum orders, and other pertinent guidelines whose provisions are inconsistent with the Order.
- The Order replaces Chapter V, Article I of the Implementing Rules and Regulations of PD 984 with the updated discharge permit provisions governing filing, evaluation, permits, suspension/revocation, enforcement, posting, transfer, breakdown reporting, and SMR compliance.