Objectives and Scope
- The EUFS is a market-based policy to complement existing regulations by charging users for pollution costs.
- Applies to all projects and activities discharging liquid waste into Laguna de Bay Region, including industrial, commercial, domestic, and agricultural sources.
- Covers issuance, modification, enforcement of discharge permits and fee assessments on effluents.
Key Definitions
- Authority: Laguna Lake Development Authority.
- Discharge Permit: Authorization to discharge liquid waste of specified type and quantity.
- Effluent: Wastewater discharged from plants, treated or untreated.
- Fixed Fee: Fee component based on discharge volume covering program administration.
- Variable Fee: Fee component based on pollutant concentration/load.
- Loading: Amount of pollutant discharged (concentration multiplied by volume).
- Pollution Control Officer (PCO): Accredited officer acting as liaison with the Authority.
- User Fee: Total charge for waste discharge, sum of fixed and variable fees.
Discharge Permit Application and Requirements
- Permit required for any liquid waste discharge into the region.
- Application must be sworn affidavit by CEO or representative, supported by documents like LLDA clearance, engineer’s report, pollution control costs, PCO accreditation, and user fee payment.
- Public hearings may be held if opposition is received; permit conditioned on compliance and performance bond.
Processing and Issuance
- Application processed within 30 days of complete submission and fee payment.
- Permit issued with conditions: payment of fees, compliance with water quality standards, and monitoring obligations.
- Failure to pay user fee may cause permit revocation; arrears must be settled before new permit issuance.
Fee Assessment and Payment
- Fees assessed annually based on data submitted and prior monitoring results.
- Surcharges imposed for exceedance of permissible discharge by over 20%, plus interest; credits/refunds for reduced loadings.
- Variable fee may be paid in full or quarterly installments; discounts for early full payment; surcharges for late payments.
Renewal, Modification and Permit Validity
- Renewal application must be filed 30 days before expiration, with full payment of outstanding fees and compliance with conditions.
- Permit valid for one year unless suspended or revoked.
- Suspension/revocation can occur for noncompliance, false declarations, refusal of inspections, or nonpayment of fees.
Monitoring Requirements
- Quarterly self-monitoring reports are required, signed by CEO and PCO, including discharge quality and quantity data.
- Permit holders must notify Authority within 24 hours of operational problems or breakdowns affecting compliance.
- Authority conducts periodic inspections; permit holders must provide access and relevant documents.
Prohibitions
- No discharge into Laguna de Bay or its tributaries without permit and clearance.
- Prohibited to increase discharge volume/strength beyond permitted levels.
- Unauthorized disposal or construction of by-pass channels is forbidden.
- Obstruction of Authority inspections and misconduct during proceedings are penalized.
Penalties
- Administrative fines up to PHP 5,000 for violations or failure to comply with orders.
- Daily fines up to PHP 5,000 for continuing pollution violations.
- Violations under prohibitions can lead to fines, imprisonment (2–6 years), or both.
- Refusal to allow inspections can lead to fines and contempt charges.
- Damages to lake resources require payment to Authority and affected parties.
- Non-payment of fines can cause closure or stoppage of operations.
Final Provisions
- Existing permits or clearances prior to these rules are recognized subject to proof.
- Discharge permits replace previous Authority to Construct and Permit to Operate.
- Uniform effluent standard for Biochemical Oxygen Demand (BOD) set at 50 mg/L.
- Provisions found unconstitutional do not affect remaining rules.
- Authority may amend rules; they become effective 15 days after publication.