Title
Revised Effluent Regulations of 1990
Law
Denr Administrative Order No. 35
Decision Date
May 20, 1990
The Revised Effluent Regulations of 1990 is a Philippine law that sets standards and guidelines for the discharge of industrial and municipal wastewater effluents, aiming to protect water quality and prevent pollution.
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Scope

  • These regulations apply to all industrial and municipal wastewater effluents within the Philippines.

Definitions

  • Key terms defined include:
    • BOD (Biochemical Oxygen Demand): Measures oxygen required by bacteria to decompose organic matter in water.
    • Coastal Water: Water along the coastline extending up to the 200-meter isobath or three kilometers out.
    • Department: Refers to the Department of Environment and Natural Resources (DENR).
    • Effluent: Any wastewater discharged from industrial or treatment plants, treated or untreated.
    • Inland Water: Interior water bodies such as lakes, rivers, reservoirs, including tidal affected rivers.
    • Mixing Zone: The area where discharged effluent mixes with receiving water, subject to DENR approval.
    • NPI and OEI: New/Proposed Industry and Old/Existing Industry respectively.
    • Primary Contact Recreation: Recreation involving full body contact with water like swimming.
    • Protected Water: Waters classified for public supply, shellfish propagation, spawning areas, or designated tourist/national marine parks.
    • Strong Wastewater: Effluent with BOD ≥ 3,000 mg/L prior to treatment.

Heavy Metals and Toxic Substances

  • Effluents discharged into various classified water bodies must not exceed the toxic substance levels indicated in the prescribed Tables (Table 1).

Pollution Affecting Aesthetics and Oxygen Demand

  • Effluents from domestic and industrial treatment plants must comply with pollutant concentration limits as specified in Tables 2A and 2B.

Effluent Standards for BOD in Strong Industrial Wastes

  • Old/Existing Industries (OEI) have interim BOD effluent limits for strong wastes depending on receiving water classification.
  • New/Proposed Industries (NPI) and OEI yet to construct treatment facilities must comply with stricter BOD standards effective immediately and universally by January 1995.

Mixing Zone Regulations

  • Mixing zones must:
    • Not impair designated uses of receiving waters.
    • Exclude existing drinking water intakes if impairment results.
    • Allow free migration of aquatic life.
    • Exclude nursery areas, shellfish harvest zones, tourist and marine parks/reserves.
    • Be as short and narrow as possible; width should preferably not exceed half the waterway width.
    • For hot effluents, size and extent determined by modeling considering body of water characteristics.
    • Not serve as substitute for wastewater treatment.

Additional Requirements

  • Effluents must not cause receiving waters to drop below classified water quality.
  • Combined discharges must be proportionately adjusted to maintain water quality.
  • Submarine outfalls must consider oceanographic conditions to prevent pollution at shore.
  • Effluents in protected waters must meet strict heavy metals and conventional pollutant standards.
  • From January 1, 1995, old industries must meet new industry standards.
  • Temporary operating permits may be granted to strong waste producers failing BOD limits subject to penalty fees capped at P5,000 per day.
  • Regular monitoring of effluents and receiving water quality by dischargers is mandatory.

Prohibitions

  • Discharging industrial or domestic sewage into Class AA and SA waters is prohibited.
  • No discharge allowed where assimilative capacity cannot maintain required water quality.
  • Untreated or inadequately treated effluent discharge is prohibited without DENR Secretary approval.
  • Water pollution control installations must be properly operated and maintained.
  • Plants must operate within treatment facility capacities.
  • Use of equipment to conceal or dilute effluents to evade regulations is forbidden.

Methods of Analysis

  • Effluent analysis must conform to recognized standard methods including the Philippine Standard Methods and US standard methods jointly published by professional organizations.

Maximum Discharge Quantities

  • The DENR Secretary shall set guidelines for maximum allowable pollutant quantities and discharge rates to protect public health and aquatic resources, particularly for industrial BOD discharges.

Penalties

  • Violations of the regulations or related orders/decisions are subject to penalties under PD 984 and NPCC Rules, including potential administrative and criminal sanctions.

Separability Clause

  • Invalid or unconstitutional provisions do not affect the validity of remaining provisions.

Repealing Clause

  • Previous inconsistent rules including 1982 Effluent Regulations and parts of the 1978 NPCC Rules are repealed.

Amendments

  • The Department of Environment and Natural Resources may amend or modify these regulations as necessary.

Effectivity

  • The regulations take effect 30 days after publication in the Official Gazette or a newspaper of general circulation.

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