Law Summary
Overview
The Department of Public Works and Highways (DPWH) issued Department Order No. 152 on July 24, 1990, to address issues related to flooding caused by construction activities that contribute to the clogging of drainage systems.
Causes of Flooding
- Legal Principle: The Order identifies construction debris and silt as significant contributors to the clogging of catch basins and drainage systems, leading to flooding.
- Key Definitions:
- Catch Basins: Structures designed to collect water and debris from streets.
- Silt Chamber/Debris Trap: A containment area for silt and debris before it reaches drainage systems.
Conditions for Building Permits
- Requirements: The issuance of building permits shall include specific conditions aimed at minimizing flooding:
- Sump/Silt Chamber: Contractors must provide a silt chamber or debris trap at the construction site.
- Discharge Guidelines: Water must be discharged at or near catch basins or side inlets, not onto road pavements, curbs, or gutters.
- Inspection Protocol: Daily checks must be conducted on catch basins or side inlets for any residual silt or debris, with necessary clean-up mandated.
Responsibilities of Contractors
- Liabilities: Contractors are solely responsible for any damages to private and public properties or utilities resulting from flooding due to their construction activities.
- Monitoring: Construction activities are subject to monitoring to ensure compliance with the outlined conditions.
Violations and Penalties
- Consequences: Non-compliance with the conditions set forth can lead to the revocation of the building permit.
- Enforcement: Regular inspections will be conducted to enforce adherence to the requirements.
Key Takeaways
- Construction activities must incorporate measures to prevent debris and silt from entering drainage systems.
- Contractors bear full responsibility for any flooding-related damages caused by their operations.
- Compliance with the conditions attached to building permits is essential, with serious consequences for violations, including potential revocation of permits.
The Department Order underscores the importance of responsible construction practices in maintaining public infrastructure and preventing flooding.