Law Summary
Scope and Coverage
- Applies to all water quality management of natural and man-made water bodies (freshwater, brackish, marine).
- Focus primarily on pollution abatement from land-based sources.
- Water quality standards and enforcement apply regardless of pollution source.
Key Definitions
- Aquifer: underground water-bearing rock layer supplying wells or springs.
- Aquatic life: organisms living in freshwater, brackish, marine environments.
- Beneficial use: water uses promoting safety, health, welfare including domestic, municipal, irrigation, power, fisheries, livestock, industrial, recreation.
- Water body: includes aquifers, groundwater, streams, lakes, bays, coastal, marine waters.
- Pollution: alteration of water properties causing impairment or health hazards.
- Discharge: release of substances into water bodies or land that may flow into water.
- Effluent: wastewater discharge from known sources including industrial, commercial, domestic.
- Wastewater charge system: fees for discharging wastewater incentivizing pollution reduction.
- Non-point source: diffuse pollution source not identifiable as a single point, e.g., agricultural runoff.
- Point source: identifiable pollution discharge point.
- Environmental management: conservation, pollution control, waste management, education, and research.
- Hazardous waste: wastes causing serious health or environmental risks.
Water Quality Management Areas (WQMA)
- Designated by Department of Environment and Natural Resources (DENR) with National Water Resources Board (NWRB).
- Defined by physiographic units (watershed, river basin) with similar hydrology, meteorology, geography.
- Managed by governing boards composed of LGU representatives, national agencies, NGOs, water utilities, and business sectors.
- Governed through coordinated policies and compliance monitoring.
- Creation of multi-sectoral water surveillance and technical secretariats with qualified members.
- Laguna Lake area managed under the Laguna Lake Development Authority (LLDA) with enforcement of standards.
Non-attainment Areas
- Water bodies exceeding pollution guidelines designated as non-attainment.
- No new pollutant sources allowed without offsetting existing discharges.
- Natural pollutants may be accepted under certain conditions.
- Programs to upgrade water quality to meet standards.
- LGUs tasked with contingency plans including possible relocation to protect public health.
Sewerage and Septage Management
- National program under Department of Public Works and Highways (DPWH) in coordination with DENR and LGUs.
- Prioritization by population density, water quality degradation, geology, and other factors.
- LGUs responsible for land allocation and may raise funds through taxes and service fees.
- Urban areas required to connect subdivisions, commercial and public facilities to sewer systems within five years.
- Non-urban areas to utilize septage or combined systems.
- Department of Health to formulate collection, treatment, and disposal guidelines.
Water Quality Management Funds
- National Water Quality Management Fund: finances clean-up, ecosystem restoration, research, enforcement, education, and incentives.
- Sources include fines, permit fees, donations (tax-exempt and deductible).
- Area Water Quality Management Fund: for maintenance, incentives, facility loans within water quality management areas.
- Fund management by governing boards.
Water Quality Variances
- DENR may grant variances to water quality standards for geothermal and oil/gas exploration with protective conditions.
Industry Classification and Effluent Standards
- DENR to categorize industry sectors and revise every two years.
- Effluent standards tailored per industry parameters.
Wastewater Charge System
- Charges imposed for wastewater discharges considering pollution control incentives, administration costs, damage compensation, pollutant type, and water classification.
- Net waste load concept used to calculate fees.
- Exemptions for geothermal wastewater.
- Industries meeting standards charged minimal fees.
Discharge Permits
- Permits required for regulated effluent discharge specifying effluent quantity, quality, compliance, and monitoring.
- Promotion of waste minimization and treatment technologies.
- Procedures developed for effluent quota allocations.
- Industries given a 12-month grace period post-implementation rules for permit acquisition.
- Effluent trading may be allowed regionally.
Financial Liability and Environmental Guarantees
- Environmental Guarantee Fund (EGF) required for projects through environmental compliance certificates.
- EGF funds ecosystem health, watershed conservation, emergency responses, and rehabilitation.
- Liability continues post-project for a period determined by DENR.
- EGF forms include trust funds, insurance, bonds, self-insurance.
Clean-Up Operations
- Polluters responsible for containment and clean-up of pollution incidents at own expense.
- Government may perform emergency clean-ups if polluter fails; costs reimbursed by polluter.
Environmental Impact Assessment (EIA) Programmatic Compliance
- EIA applies to series or phased projects, clusters like industrial estates.
- Guided by ecosystem carrying capacity and cumulative impact assessments.
- DENR may integrate EIA with LGU land use plans.
Lead Agency Responsibilities
- DENR is primary implementing and enforcing agency with broad functions:
- Prepare water quality reports and frameworks.
- Classify water bodies and set standards.
- Develop testing, monitoring, and accreditation procedures.
- Coordinate with LGUs and other agencies.
- Issue permits, enforce compliance, conduct education.
- Devolve functions to LGUs/governing boards when appropriate.
Role of Local Government Units (LGUs)
- Shared responsibility for water quality within jurisdictions.
- Prepare compliance schemes aligned with water management plans.
- Powers include monitoring, emergency response, coordination, and participation.
- Designation of Environmental and Natural Resources Officers (ENRO) with environmental expertise.
Business and Industry Involvement
- Consultations among DENR, LGUs, and industry sectors to formulate incentives.
- Promotion of innovative pollution reduction equipment and processes.
Inter-Agency Linkages
- Coordination with agencies like:
- Philippine Coast Guard for marine water enforcement.
- DPWH and water utilities for sewerage and sanitation.
- Department of Agriculture for agricultural pollution control.
- BFAR for fisheries-related water pollution.
- Department of Health for drinking water standards.
- DOST for technology development.
- Education and information agencies for public education campaigns.
Monitoring, Access, and Records
- DENR authorized to demand reports, inspect premises, test discharges.
- Access to records protected for intellectual property but generally public.
- Bureau of Fisheries may investigate fish kill incidents.
Pollution Research and Development
- National R&D programs coordinated by DENR and DOST.
- Focus on cause, prevention, control, and technology dissemination.
Incentives and Rewards
- Rewards for individuals and organizations undertaking outstanding water quality activities.
- Incentives for LGUs, enterprises, and individuals participating in water management including:
- Tax and duty exemptions on imported machinery for wastewater treatment.
- Tax credits for domestic capital equipment.
- Exemption of donations/donors' tax for water management support.
- Classification as preferred investment areas under BOI.
- Financial assistance prioritized by government banks.
- Grants for LGUs developing technical sewerage capabilities.
Prohibited Acts
- Prohibitions on:
- Illegal discharge into water bodies or soil resulting in pollution.
- Operating without permits or after permit revocation.
- Disposal of infectious medical waste or hazardous substances illegally.
- Violations of sanitary, environmental, or operational requirements.
- Refusal to comply with inspections, reports, or pollution control mandates.
- Unauthorized tampering with water supply.
Penalties and Enforcement
- Fines ranging from ₱10,000 to ₱200,000 per day of violation, escalating with inflation.
- Closure, suspension, or cessation orders for non-compliance.
- Imprisonment of 2 to 4 years and fines for failure to clean up.
- Greater penalties (6-12 years imprisonment and larger fines) for serious injury, death, or irreversible contamination.
- Gross violations trigger criminal charges and heavy fines plus imprisonment.
- Liability of corporate officers for violations.
- Special provisions for oil discharge violations under PD No. 979.
Administrative Actions
- DENR empowered to initiate administrative proceedings on violations independently or upon complaint.
Appropriations and Implementation
- Initial ₱100 million from national savings allocated for implementation.
- Annual budget appropriations mandated thereafter.
- Rules and regulations to be promulgated within one year.
- Mandatory public consultation and periodic review of standards and rules.
Oversight and Amendments
- Creation of Joint Congressional Oversight Committee of Senators and Representatives to monitor implementation.
- Repeal or amendment of inconsistent laws such as PD No. 984, RA Nos. 6969, 4850, PDs 1586, 1152, 979, and 856.
Severability and Effectivity
- Unconstitutional provisions severable without affecting remainder of the Act.
- Effectivity 15 days after publication in Official Gazette or two newspapers of general circulation.
This comprehensive legislation establishes detailed mechanisms, institutional roles, responsibilities, enforcement, penalties, and incentives aiming to ensure the protection, preservation, and sustainable management of all Philippine water bodies in pursuit of public health, environmental integrity, and economic development.
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