Purpose and environmental policy
- The Resolution implements a market-based policy instrument in the form of a user fee to complement existing regulatory mechanisms.
- The user fee system is primarily aimed at reducing pollution loading into Laguna de Bay.
- Dischargers are enjoined to internalize the cost of environmental degradation and enhancement into business decisions or actions to make environmental efforts more effective.
Coverage and key definitions
- The rules apply to development projects, installations, and activities that discharge liquid waste into the Laguna de Bay Region and pose a threat to the environment of the Laguna de Bay.
- Coverage includes industrial, commercial, domestic, and agricultural sources.
- The rules govern the administration of discharge permits based on assessed fees or charges, including application, issuance conditions, modifications, sanctions, and enforcement.
- “Authority” refers to the Laguna Lake Development Authority.
- “Concentration” means the amount of substance or pollutant in a given volume of water or wastewater, expressed as milligram per liter (mg/L).
- “Discharge Permit” is a clearance or legal authorization to discharge liquid waste or wastewater of specified concentration and volume into a sewer system or a water body that directly or eventually drains into Laguna de Bay for a specified period.
- “Effluent” is wastewater (partially or completely treated) or liquid waste in raw state flowing through a pipe or single outlet from a manufacturing industrial plant or wastewater treatment plant.
- “Fixed Fee” covers program administration costs and is based on the volumetric rate of discharge.
- “Liquid Waste” means waste in liquid state comprising waste substance and/or water.
- “Loading” is the amount of pollutant discharged, computed as product of effluent quality or concentration and volumetric rate of discharge.
- “Pollution Control Officer (PCO)” is an officer of the plant or establishment who links the Authority and the permit holder/discharger, and who has the qualifications as PCO and is duly accredited by the Authority.
- “Surcharge” is the additional fee charged on top of assessed user fee due to misdeclaration during permit application filing or due to late payments.
- “User Fee” is the fee levied for use of the lake or its tributary rivers and streams for waste disposal purposes according to each unit of discharge.
- “Variable Fee” depends on the strength or concentration of the discharge.
- “Volumetric Rate of Discharge” is the discharge rate usually expressed in cubic meters per day.
Discharge permits: application, issuance, permits
- Any person who discharges liquid waste into the Laguna de Bay Region must secure a Discharge Permit from the Authority.
- An application must be filed using prescribed forms, under oath by the Chief Executive Officer or duly authorized representative, in two (2) copies, and must be supported by the official receipt of the filing fee and documents/data required by the Authority.
- The application must include, among others:
- a copy of the applicant’s LLDA Clearance;
- an Engineer’s Report signed by a licensed engineer, containing production capacity, waste nature/character, chemical composition, total daily volume of raw waste discharge, treatment process and estimated treatment efficiency (if available), total daily volume of water consumption, and total daily volume of finally treated waste/effluent;
- the statement of final installation cost of pollution control device (if any) and annual maintenance costs;
- a copy of the Certificate of Accreditation of the PCO issued by the Authority, or the PCO appointment/designation by the Chief Executive Officer;
- payment of User Fees as assessed; and
- other documents required by the Authority.
- If there is written opposition, the Authority may conduct a public hearing, and the permit may be issued only after a public hearing, compliance with permit conditions, and submission of a performance bond or guarantee that answers for future environmental damage.
- Processing applies only after all requirements are complied with and the filing fee is paid.
- The filing fee is PHP 1,150.00, and it is adjustable every year.
- The Authority must, within thirty (30) days from receipt of all requirements, act on the application by issuing the permit for compliance or denying the application in writing stating reasons.
- The Discharge Permit is issued subject to conditions imposed by the Authority, including:
- payment of user fees;
- compliance with water quality standards; and
- monitoring and data collection requirements to inform the Authority and serve as the basis for future permit modifications.
- Failure to pay the user fee for any year or period is a sufficient ground for revocation of the permit.
- Arrears must be paid in full before a new permit is issued unless the Authority considers installment payment upon application by the discharger.
- A disapproved or suspended/revoked permit grants no right or privilege to discharge; if discharge continues despite disapproval or suspension/revocation, the Authority must issue an Ex-parte Cease and Desist Order to discontinue discharging (or stop operations) and impose fines and penalties at the existing rate applicable under law, without prejudice to criminal prosecution under RA No. 4850, PD 813, EO 927, and PD 984, and other applicable laws.
- A permit must be displayed within the premises of the plant/installation or in a conspicuous place preferably at the main gate, clearly visible and accessible to the public.
- The Discharge Permit is non-transferable; in case of sale/transfer of ownership or control, the transferee must notify the Authority, attach the document evidencing transfer, and apply to transfer the permit into the transferee’s name.
- A Discharge Permit is valid for the period specified therein, with normal validity of one (1) year from date of issuance, unless limited/suspended sooner/revoked.
- A suspended or revoked permit may be re-issued during the original life of the permit only after full compliance with water quality standards, permit conditions, and payment of fees, fines, penalties, and damages to the Authority and affected parties; the reinstated permit expires on the original expiry date.
Fees: assessment, surcharges, discounts, and rates
- A User Fee is assessed for any discharger that uses Laguna de Bay and its tributary rivers and streams to dispose liquid waste or wastewater.
- The user fee consists of a Fixed Fee (based on volumetric rate of discharge) plus a Variable Fee (based on unit load of pollution), and the user fee is the total of both.
- The user fee forms part of the requirements in adjudicating pollution cases.
- Fixed Fee schedule (based on volumetric rate of discharge):
- Within 30 cu.m./day: PHP 5,000
- More than 30 but less than 50 cu.m./day: PHP 10,000
- More than 150 cu.m./day: PHP 15,000
- The Variable Fee is assessed based on unit load of pollution, computed as product of volumetric rate of discharge and effluent concentration, with the following schedule:
- Within 50 mg/L BOD: PHP 5 per kg BOD
- Above 50 mg/L BOD: PHP 30 per kg BOD
- User fee rates for other water quality parameters covered by the system are determined by the Authority and approved by the Board of Directors.
- The Authority assesses total annual user fees for the current year using application form data, previous year self-monitoring reports (if any), the Industrial Effluent Guide, and other available Authority data.
- For subsequent years, surcharge or credit applies depending on the accuracy of previous year assessments or actual discharge characteristics.
- If actual discharge loadings are greater than allowed, the Authority imposes surcharges upon renewal equivalent to excess loading times the applicable user fee rates plus 5% of this amount per month.
- If actual discharge loadings are less than allowed, the permit holder is entitled to a refund or credit of a portion of the variable fee corresponding to reduced loading.
- Allowable exceedance must be within 20% of the allowable discharge loading as specified in the permit and must not be more than two (2) consecutive periods or quarters.
- If loadings and duration exceed allowed limits beyond the allowable exceedance parameters, the Authority shall suspend or revoke the permit and/or impose other sanctions under the rules.
- Surcharges or credits are determined upon renewal and incorporated into the permit fee assessment for the coming year.
- The variable component of the user fee may be paid in full or in equal quarterly installments.
- Full payment within 15 days after release of assessment at filing entitles the payer to a 20% discount.
- Late payment of quarterly installments imposes a 5% per month surcharge, without prejudice to other fines and penalties.
- The quarterly payment schedule is specified in the Discharge Permit.
- User fee rates may be adjusted from time to time but not within the year of latest adjustment to reflect environmental objectives and updated targets for pollution load reductions; any change in rates requires Board approval.
- The rules adopt a uniform effluent standard for Biochemical Oxygen Demand (BOD) of 50 mg/L, regardless of raw wastewater strength, if discharge directly or eventually drains to Laguna de Bay or its tributary rivers and streams.
Monitoring and inspection obligations
- The Authority requires permit holders/dischargers to submit a quarterly self-monitoring report on prescribed form under oath before a Notary Public, signed by the Chief Executive Officer and the PCO.
- Self-monitoring reports must state the quality and quantity of wastes discharged daily or periodically (as applicable), and include characterization and laboratory analyses preferably by a duly licensed and accredited laboratory of the Authority, plus other information required by the Authority.
- Self-monitoring reports must be submitted within five (5) days after every end of the quarter or period allowed under the discharge permit.
- If a permit holder is temporarily unable to comply due to breakdown or other cause, the permit holder or PCO must notify the Authority within 24 hours of the fact and its causes, the remedial steps to contain/solve the problem and prevent recurrence, including details of any plan toward reconstruction, repair/rehabilitation, or upgrading.
- The Authority conducts periodic monitoring inspections.
- Permit holders must ensure facility-related documents (including maps, diagrams, permits, and manufacturing process documentations) and facility employees are available during monitoring activities.
- The Authority may inspect establishments, plants, facilities, and treatment facilities at any time to determine compliance with water quality standards, rules, and permit conditions.
- Water quality parameters relevant to plant operation and type of industry are determined at least once a year; parameters serving as the basis of the user fee are determined more than once a year.
- Permit holders must provide immediate, safe, and adequate access to authorized Authority representatives/inspectors after showing LLDA Inspector’s ID and mission order.
Prohibitions governing pollution and permit requirements
- No person, natural or juridical, government office/agency, or public corporation may undertake a development program and/or project within the Laguna de Bay Region without first securing clearance from the Authority.
- No person may throw, run, drain, dispose, or cause/permit/suffer allow to seep, or otherwise dispose of organic or inorganic matter or any substance in liquid form that causes pollution into water and/or land resources of the Laguna de Bay Region.
- No person may dispose of toxic and/or hazardous wastes without first securing written authorization from the Authority.
- No person may perform, cause, or undertake the following activities without first securing a permit from the Authority:
- increasing the volume or strength of any wastes beyond permitted discharge under an existing permit; and
- constructing or using any outlet or unauthorized by-pass channels for discharge of untreated waste, gaseous, liquid, or solid directly into water and/or land resources of the Laguna de Bay Region.
- Additional prohibited acts include:
- willful violation of an order or decision duly promulgated by the Authority;
- refusing, obstructing, or preventing entry of authorized Authority representatives onto property for inspection/investigation to determine compliance; and
- misconduct in the presence of the General Manager or any Public Hearing Committee, or willful failure/refusal without just cause to comply with summons/subpoenas/subpoena duces tecum issued by the General Manager or Hearing Committee, or refusing to be sworn or to answer questions when lawfully required.
Administrative and criminal consequences
- Any person found violating a lawful order or decision of the Authority or failing to comply with these rules and/or permit/clearance conditions is liable to an administrative fine of not exceeding PHP 5,000 in addition to other sanctions in the rules.
- The imposition of the administrative fine does not preclude the Authority from instituting proper criminal or civil actions in appropriate courts.
- Failure to abate pollution results in a fine of not exceeding PHP 5,000 per day for every day the violation/default continues; the Authority may impose the fine after due notice and hearing.
- Violating prohibited acts (Article V) results in a penalty of not to exceed PHP 1,000 for each day the violation continues, or imprisonment of from 2 years to 6 years, or both, after due notice and hearing, and the violator may be enjoined or required to stop continuing the violation.
- Failure to renew the discharge permit within the period specified in Section 13 results in a penalty of not to exceed PHP 1,000 per day during which the violation/default continues.
- If the violator is a corporation/partnership/association, the President or Chief Executive Officer is liable.
- Refusing entry to authorized Authority representatives results in a fine of not exceeding PHP 5,000, plus contempt upon application with the proper courts and/or other actions deemed necessary by the Authority.
- Violations causing damage to Laguna de Bay resources or other surface water result in liability to pay damages to the Authority and affected parties in an amount determined by the Authority.
- Non-payment of imposed fines within the time specified in the Authority’s order/decision permits the Authority to order closure or stoppage of operations until fines are paid; payment of fines does not automatically vest a right to resume operation.
Transitory, phaseout, standard, separability, amendment, effectivity
- Entities already in compliance with requirements or already issued permits/clearances under RA No. 4850, as amended are considered as having complied with these rules upon presentation of proof acceptable to the Authority.
- Discharge Permits replace the existing Authority to Construct and Permit to Operate for Wastewater Treatment Facilities.
- A separability clause preserves the validity of remaining provisions if any section or provision is held unconstitutional or invalid by a competent court.
- The Authority may amend and/or modify these rules and regulations from time to time.
- Effectivity occurs 15 days after publication in a newspaper of general circulation.