Law Summary
Scope and Coverage of the Act
- Applies to water quality management in all water bodies in the Philippines.
- Primarily focuses on pollution from land-based sources.
- Water quality standards, civil liability, and penalties apply regardless of pollution source.
Key Definitions
- Broad definitions covering terms such as aquifer, aquatic life, beneficial use, contamination, discharge, dumping, effluent, hazardous waste, industrial waste, non-point and point sources, pollutant, wastewater, water pollution, and water quality.
- Definitions also include technical and environmental management terms such as cleaner production, environmental management system, groundwater vulnerability, and water quality management area action plan.
Water Quality Management Areas and Governance
- Department of Environment and Natural Resources (DENR), in coordination with National Water Resources Board (NWRB), designates water quality management areas based on physiographic units.
- Governing board composed of LGU representatives, national agencies, NGOs, water utilities, and business sector.
- Multi-sectoral group to monitor water quality and recommend actions.
- Technical secretariat with professionals in law, environmental science, and engineering provides support.
- Laguna Lake Development Authority (LLDA) area is one such management area.
Management of Non-Attainment Areas
- Areas exceeding pollution standards designated as non-attainment areas.
- New pollutant sources disallowed unless matched by reductions from existing sources.
- Programs to upgrade water quality including contingency planning and possible relocation.
National Sewerage and Septage Management Program
- DPWH tasked to develop a national sewerage and septage management program within 12 months.
- LGUs responsible for appropriating land and raising funds for construction and maintenance.
Domestic Sewage Collection, Treatment and Disposal
- Sewer connections mandated in Metro Manila and highly urbanized cities within five years.
- Septage or combined systems for areas outside urban centers.
- DOH to establish guidelines and standards.
Water Quality Management Funds
- National Water Quality Management Fund to finance cleanup operations, ecosystem restoration, research, technical assistance, rewards, and education.
- Sources include fines, permit fees, donations, grants; donations are tax-exempt.
- Area Water Quality Management Fund established for local water bodies, funded by fines and wastewater charges, managed by governing boards.
Water Quality Variance
- DENR may allow variance in water quality criteria for geothermal and oil and gas exploration with adequate downstream protection.
Industry Classification and Effluent Standards
- DENR to publish and revise industry categories and corresponding effluent standards every two years.
Wastewater Charge System
- Charges imposed on dischargers to incentivize pollution reduction and cover management costs.
- Charges based on net waste load, type of pollutant, and receiving water classification.
- Minimal fees for compliance-level dischargers; geothermal wastewater exempt.
Discharge Permits
- Discharge permits mandatory for regulated effluent sources specifying allowable quantity and quality.
- Encouragement of waste minimization and treatment technology.
- Effluent trading may be allowed.
Financial Liability and Environmental Guarantee Fund
- Program proponents required to establish environmental guarantee fund (EGF) for rehabilitation and emergency response.
- EGF types include trust funds, insurance, bonds, letters of credit.
- Liability extends beyond project completion for a specified period.
Clean-up Operations
- Polluters responsible for cleanup at their own expense.
- If polluters fail, DENR may conduct cleanup and recover expenses.
Environmental Impact Assessments (EIA)
- Programmatic compliance for series or clustered projects.
- Ecological profiles and carrying capacity assessments guide EIA.
- Coordination with LGUs to integrate with land use plans.
Institutional Mechanism - Lead Agency (DENR)
- DENR responsible for policy formulation, classification, standards enforcement, monitoring, information dissemination, enforcement actions, and coordination.
- Annual reporting to Congress on water quality status.
- Progressive devolution of authority to LGUs and governing boards based on capability.
Role of Local Government Units (LGUs)
- LGUs share responsibility for water quality management within their territories.
- Required to prepare compliance schemes aligned with action plans.
- Empowered to monitor, respond to emergencies, and coordinate water quality initiatives.
Business and Industry Participation
- Incentives for adopting pollution control technologies and innovative processes promoting water quality.
Linkage Mechanism with Other Agencies
- Coordination with Philippine Coast Guard, DPWH, DA, DOH, DOST, DepEd, CHED, DILG, and PIA for enforcement, guidelines, technology, and education.
Record-Keeping, Inspection and Access Rights
- DENR authorized to require reports, inspect facilities, sample discharges, and access documents.
- Records are public except for protected intellectual property.
Pollution Research and Development
- National research program in coordination with DOST and academic institutions to advance pollution prevention and control.
Incentives and Rewards
- Monetary and non-monetary rewards for outstanding water quality management efforts funded by Water Quality Management Fund.
- Fiscal incentives include tax and duty exemption on imported equipment, tax credits, and classification as preferred investment areas.
- Financial assistance programs prioritize funding for sewage projects.
- Grants for LGUs establishing sewerage facilities.
Prohibited Acts
- Discharging pollutants without permits.
- Dumping hazardous or infectious wastes.
- Operating facilities in violation of environmental laws.
- Refusing inspection, reporting, or designating pollution control officers.
- Tampering with water supply affecting quality.
Penalties
- Fines from P10,000 to P200,000 per day, increasing with inflation.
- Closure or suspension orders for violations.
- Imprisonment for failure to undertake cleanup (2-4 years), increased penalties for serious injury or death (6-12 years).
- Gross violations carry higher fines and possible criminal charges.
- Liability extends to corporate officers.
- Specific penalties for violations under related laws affecting vessels.
Administrative Sanctions for LGUs
- Sanctions for LGU officials failing to comply with action plans.
Administrative Actions
- DENR may initiate proceedings against violators upon verified complaints.
Appropriations
- Initial P100 million appropriation for implementation.
- Subsequent funding included in General Appropriations Act.
Implementing Rules and Regulations
- DENR to promulgate rules within one year.
- Public consultations mandatory.
- Regular review of rules and standards.
Congressional Oversight Committee
- Composed of Senators and Representatives.
- Monitors implementation and reviews rules.
Repealing and Separability Clauses
- Repeals inconsistent laws.
- Unconstitutional provisions severable.
Effectivity
- Takes effect 15 days after publication in Official Gazette or major newspapers.