Law Summary
Application for Discharge Permit
- Owners or operators of facilities discharging regulated effluents must file an application for a Discharge Permit in a Department-prescribed format, with triplicate copies.
- Required documents for original application include:
- Engineering report detailing plant operations, waste types and quantities, treatment methods, and design criteria based on studies.
- Vicinity map showing exact location.
- Plant and drainage layout indicating sources and disposal points of wastewater.
- Certified plan and specifications of facilities from a registered engineer.
- Laboratory analysis results of effluent.
- Renewal applications require only a duly accomplished application form.
Processing and Action on Discharge Permit Applications
- The Department, through the Environmental Management Bureau (EMB), must approve or deny applications within 25 days upon receipt of complete documents.
- Applications with incomplete requirements may be denied after reasonable time is given to comply.
- Applicants can file a petition for reconsideration within 15 days if application is denied.
- Permit applications are open for public review at the appropriate Regional Office.
- Interested parties may oppose applications in writing before approval; public hearings may be conducted if necessary.
Temporary Discharge Permit
- EMB may issue a Temporary Discharge Permit valid up to 90 days for new facilities pending full application approval.
- Issuance depends on submission of a satisfactory report.
- A regular permit is issued once compliance with standards is demonstrated.
Validity, Renewal, and Conditions of Discharge Permits
- Permits are valid for five (5) years unless suspended or revoked.
- Renewal applications must be filed at least 30 days before expiration with required fees and compliance.
- Permit issuance does not exempt the permittee from other regulatory requirements.
- Commencing operations under the permit constitutes acceptance of all conditions.
Grounds for Suspension or Revocation of Permits
- After notice and hearing, a permit may be suspended or revoked for:
- Violation of PD 984, RA 9275, or permit conditions.
- Failure to submit quarterly self-monitoring reports.
- Providing falsified information in the permit application.
- Refusing lawful inspections under relevant RA 9275 provisions.
- Failure to pay permit fees.
- Other lawful causes under the implementing guidelines.
Consequences of Disapproval or Suspension/Revocation
- Disapproved or suspended/revoked permits grant no right to discharge wastewater.
- Continued discharge without valid permit leads to immediate issuance of an Ex-parte Cease and Desist Order.
- Such actions may include stoppage of operations, imposition of fines, penalties, and possible criminal prosecution under the Clean Water Act.
- Severe violations exceeding effluent standards are referred to the Pollution Adjudication Board for further orders and penalties.
Posting and Transfer of Permits
- Permit holders must display the permit visibly on the premises.
- Permits are non-transferable; however, transfer of ownership requires notification to the Regional Office within 15 working days with supporting documents.
- Permit validity remains as per the original expiry date despite ownership transfer.
Handling Plant Operational Problems
- Permit holders must notify the Department within 24 hours of any operational breakdown affecting compliance.
- Notification must include cause, remedial steps, and estimated downtime.
- Department must be informed once the problem is resolved and operations have resumed.
- Failure or breakdown may result in penalties.
Self-Monitoring and Reporting Requirements
- Submission of Self-Monitoring Reports (SMR) is mandatory for permit continuation and renewal.
- SMR format, frequency, and specifications follow DAO 27, Series of 2003.
- Non-compliance in submission or format may lead to rejection of the report and penalties.
Repeal and Effectivity
- All conflicting administrative orders and guidelines are amended or repealed accordingly.
- This order takes effect 15 days from its publication in a newspaper of general circulation.