Rules on New Effluent Standards in Laguna Bay

Legal basis and adopted standards

The circular implements the new General Effluent Standards (GES) promulgated by the DENR through DENR Administrative Order (DAO) No. 2016-08.
The GES are implemented pursuant to Republic Act No. 9275, the Philippine Clean Water Act of 2004.
The LLDA adopted DENR DAO No. 2016-08 for the Laguna de Bay Region through LLDA Board Resolution No. 523, s. 2017.
The circular governs continuous implementation of the Environmental User Fee System (EUFS) in the Laguna de Bay Region.

Coverage of covered facilities and permits

The circular applies to all existing and/or new development projects, installations and activities required to secure a discharge permit pursuant to LLDA Board Resolution No. 322, s. 2007 or the Modified Wastewater Charge System in the Laguna de Bay Region.
The circular applies to discharges that must comply with the GES under the LLDA discharge permit regime.

General effluent compliance rules

Discharges from any point source must, at all times, meet the effluent standards in Tables 9 and 10 of DENR DAO 2016-08 to maintain Class C water quality for water bodies within the Laguna de Bay Region, and Class SB for Manila Bay as mandated by the DENR (Section 7.0 of DAO 2016-08, as implemented).
With the new GES, industries must monitor only the effluent quality parameters determined to be significant to them.
Laboratory analysis results for all significant effluent parameters must be submitted to the LLDA as part of the facility’s Self-Monitoring Report (SMR).
Wastewater generated by an establishment cannot be reused for irrigation and other agricultural purposes without a valid certification issued by the Department of Agriculture (DA) under Administrative Order 2007-26, and for any subsequent DA amendments or issuances to conform to the new water quality guidelines and GES.
DA certification must be valid for the duration of the Discharge Permit issued to the establishment.
Effluent quality monitoring procedures must follow the Effluent Quality Monitoring Manual issued by DENR-EMB through Memorandum Circular 2008-008, as adopted by the LLDA.

Significant parameters and sector-based monitoring

Individual point sources must be categorized into sectors consistent with the Philippine Standard Industrial Classification (PSIC, 2009).
Significant effluent quality parameters per sector are based on Table 8 of DENR DAO 2016-08 for streamlined compliance and enforcement.
If an establishment does not fall within identified sectors in Table 8, the LLDA must identify the most probable pollutants the establishment will discharge; those identified parameters must be used for the discharge permit and for compliance monitoring and enforcement (Section 7.1).
Wastewater treatment facilities that cater to both process wastewater and domestic sewage must be monitored for effluent parameters significant to them, including parameters intended for domestic sewage listed in PSIC Code No. 37000 (Section 7.1).
The LLDA must include additional effluent parameter(s) beyond those in the assigned PSIC code if the parameter(s) is deemed significant based on actual inspection of the establishment’s process or activities (Section 7.1).

Strong wastewater and BOD enforcement

Establishments with Strong Wastewater must request and submit at least ten (10) monthly monitoring results or a minimum of twelve (12) monitoring results of a 6-month period showing that influent BOD is equal to or greater than 3,000 mg/L, at all times (Section 7.2).
Sample analysis must be conducted using a DENR-recognized, third-party laboratory.
The LLDA may conduct validation tests and review submitted SMRs to verify whether the claim of strong wastewater is valid.
Establishments with verified influent BOD of at least 3,000 mg/L must comply, at all times, with the applicable effluent standards in Table 10.
Laboratory analysis for influent BOD must be conducted consistent with the analysis of effluent samples included in the facility’s Self-Monitoring Report (Section 7.2).
For Manila Bay, which is re-classified into Class SB pursuant to the continuing mandamus of the Supreme Court, establishments directly draining into Manila Bay with BOD as a significant effluent parameter and considered as strong waste must comply with the maximum BOD value in Table 9 (Section 7.2).
For parameters other than BOD, Table 9 applies (Section 7.2).

Modification requests to the GES

Any person, whether natural or juridical, may request a modification of the GES described in the circular (Section 8.0).
A modification request must include clear and scientifically valid evidence demonstrating that the modification is consistent with RA 9275 and its Implementing Rules and Regulations.
Modification requests must be submitted to the Office of the General Manager of the LLDA, and the LLDA’s actions are subject to further consultation with the DENR (Section 8.0).
The requesting entity must submit at least ten (10) monthly monitoring results or a minimum of twelve (12) monitoring results covering a 6-month period, among other supporting documents, to prove the request is based on empirical and scientific findings or studies (Section 8.0).
The LLDA must conduct validation tests and review submitted SMRs, among others, to verify the validity of the scientific or empirical claim (Section 8.0).

Changes to significant parameters and GES values

If a particular significant parameter is present as a waste stream in an establishment but is not listed in Table 8, the LLDA must require compliance with that particular significant parameter (Section 8.3).
The LLDA must inform the establishment of its findings and the need to include the parameter in succeeding issuances of the establishment’s Discharge Permit, and in succeeding compliance monitoring and enforcement (Section 8.3).
The establishment may file a motion for reconsideration within fifteen (15) days after receipt of the LLDA’s findings, and the LLDA may reject or accept the motion based on justifiable grounds.
If a particular significant parameter is not present in the establishment’s waste stream, the establishment may request exclusion of that parameter from succeeding monitoring and from its Discharge Permit, provided the following conditions are met (Section 8.3):
- The parameter of concern is below the method detection level (MDL) for at least ten (10) monitoring events, using the DENR-approved method of analysis; monitoring events must occur with a frequency of at least twice a month (Section 8.3.2).
- There must be no change in technology and raw materials used in operations or process during the monitoring periods for effluent quality measurement (Section 8.3.2).
After exclusion is approved, the establishment must inform the LLDA of any changes in technology and raw materials used to verify whether the exclusion remains valid, and this obligation must be included as a condition in the Discharge Permit (Section 8.3).
The LLDA must conduct validation tests and review submitted SMRs, among others, to verify the validity of the request for exclusion (Section 8.3).
The LLDA must inform the establishment of findings and compliance implications in cases requiring parameter inclusion (Section 8.3).

Grace period with compliance action plan

An establishment may request a grace period of not more than five (5) years to fully comply with the GES, provided it submits a Compliance Action Plan (CAP) (Section 10.0).
Grace period may be granted only in cases enumerated as follows (Section 10.0):
- The GES values have become more stringent than the values in DAO 1990-35, in which case DAO 1990-35 applies during the grace period.
- New significant effluent quality parameters were identified for the sector.
The CAP must contain the following minimum content (Section 10.0):
- Description of the establishment.
- Justifications for requesting a grace period (including new parameters and stricter parameters in the new DAO).
- Process production flow (including flow rate, material balance, water balance, etc.).
- Characterization or nature of the existing wastewater stream, and historical trends of regulated parameters based on submitted SMRs within the last three (3) years to present.
- Description of existing wastewater treatment facility, including type, design rate, actual capacity, date constructed/installed, projected useful life, etc.
- Proposed modification on existing wastewater treatment facilities to address new and/or stringent parameters under the new DAO.
- Timeline of corrective actions and modifications, including annual projected milestones, to fully comply with new standards within the requested grace period.
- Investment cost and other related expenses for CAP implementation.
A CAP submitted before issuance of the implementing rules need not follow the suggested content, but the establishment may submit a revised CAP and the LLDA may request submission of a revised CAP to include additional details (Section 6.3).
A grace period request via submission of CAP must be filed at least three (3) months before expiration/revalidation of the establishment’s Discharge Permit for CY 2018 (Section 6.4).
The grace period begins upon approval of the submitted CAP (Section 6.5).
After CAP approval, the establishment must submit periodic status or an annual progress report to update the LLDA on steps taken under the approved compliance schedule, including milestones achieved and implementation challenges (Section 6.6).
During the approved grace period, a moratorium applies that includes issuance of cease and desist and/or closure orders, fines, and other penalties against the establishment’s operations (Section 6.7).
During the grace period, DAO 1990-35 remains in effect and must be complied with at all times; failure to meet regulated parameters under DAO 1990-35 is not covered by the moratorium (Section 6.7).
Failure to submit annual progress report or periodic status may be a basis for cancellation and/or revocation of the approved grace period; then the applicable GES for that establishment must be enforced and complied with at all times (Section 6.8).
The LLDA may grant an extension of the approved grace period only if a catch-up plan was submitted six (6) months before lapse of the grace period and delay/implementation challenges were duly reported in submitted periodic (annual) status; the grace period cannot be extended to an aggregate total exceeding five (5) years (Section 6.9).
Upon lapse of the grace period, the new GES is automatically enforced and must be complied with at all times (Section 6.10).

Fines and penalties for violations

Any person, whether natural or juridical, who violates or fails to comply with any LLDA order or decision or any provision of this order is liable under Section 28 of RA 9275, with amounts of PHP 10,000 per day of violation (minimum) and PHP 200,000 per day of violation (maximum) (Section 12.0).
The fines must be increased by 10% every two (2) years to compensate for inflation and maintain the deterrent function (Section 12.0).
No 404, s. 2012 of the LLDA Board, adopting fines and penalties under Section 28 of RA 9275, does not apply (Section 7.2).
Existing rates of fines and penalties are without prejudice to new sets of fees and charges the LLDA Board of Directors may issue for purposes of the system (Section 7.3).

Public hearing committee pending cases

For establishments with water pollution cases pending before the Public Hearing Committee, the case is deemed recommended for dismissal if the non-compliant parameter is no longer included in the establishment’s list of new significant parameters.
The cut-off date for computation of daily penalty and Environmental User Fee as prerequisites for dismissal is the date of effectivity of the implementing rules.
If an establishment submitted a Compliance Action Plan applying DAO 1990-35 during the grace period, the case remains active until the establishment complies with the effluent standards under DAO 1990-35.

Review cycle and amendment

The LLDA must conduct review of the implementing rules after two (2) years of implementation, or as may be necessary (Section IV).

Effectivity and publication requirements

The memorandum circular takes effect fifteen (15) days after publication in a newspaper of general circulation.
Effectivity also requires posting on the LLDA official website.
Effectivity further requires acknowledgment of receipt by the Office of the National Administrative Register (ONAR).