Policy Guidelines for Implementing DENR DAO 2016-08
- Implements specific provisions of the DAO, notably the adoption of the new General Effluent Standards (GES).
- Effluent discharges must meet standards to maintain Class C water quality in Laguna de Bay Region and Class SB for Manila Bay.
- Industries only monitor effluent parameters significant to them, submitting results to LLDA in Self-Monitoring Reports (SMRs).
- Wastewater reuse for agriculture requires valid certification from the Department of Agriculture (DA).
- Effluent monitoring follows the DENR-EMB Effluent Quality Monitoring Manual.
Significant Effluent Quality Parameters per Sector
- Point sources categorized by Philippine Standard Industrial Classification (PSIC, 2009).
- Significant parameters determined per industry type listed in Table 8 of the DAO.
- LLDA may identify additional parameters based on inspections.
- Combined domestic and process wastewater treatment must cover parameters applicable to both.
Effluent Standards for Biological Oxygen Demand (BOD) in Strong Wastewater
- Establishments with influent BOD ≥3,000 mg/L must submit extensive monitoring data for validation.
- Verified strong wastewater discharges must comply with specific effluent standards at all times.
- Manila Bay discharges incorporate stricter BOD limits due to environmental classification.
- Non-BOD parameters must comply with standards outlined in Table 9.
Procedures for Modification of General Effluent Standards
- Requests for modification must be scientifically valid and consistent with RA 9275.
- Must submit monitoring data (minimum ten monthly or twelve in six months) as evidence.
- LLDA reviews, validates claims, and consults DENR for final action.
Adjustment of Significant Parameters and Effluent Standards
- If unlisted parameters are found significant, LLDA mandates compliance and notifies establishment.
- Establishments can appeal decisions within 15 days.
- Parameters absent in wastewater may be excluded upon meeting conditions, including sustained low detection levels and no changes in processes.
- Continued notification to LLDA needed upon technological or raw material changes.
Grace Period for Compliance
- Establishments may request up to five years grace period with a Compliance Action Plan (CAP).
- Grounds for grace include stricter standards or new significant parameters.
- CAP must detail establishment info, justification, wastewater characterization, treatment facilities, planned upgrades, timeline, and costs.
- CAP submissions due at least three months before discharge permit expiration.
- During grace, DAO 1990-35 standards apply, with moratorium on penalties except for violations under DAO 1990-35.
- Progress reports required annually; failure to report may lead to revocation.
- Extensions possible but total grace period not beyond five years.
Fines, Damages, and Penalties
- Violations result in fines ranging from PHP 10,000 to PHP 200,000 per day, increasing 10% every two years for inflation.
- Additional penalties under LLDA Board Resolution No. 404, s. 2012 apply.
- Existing fines do not preclude new fees imposed by the LLDA Board.
Handling of Pending Water Pollution Cases
- Cases involving parameters no longer significant are recommended for dismissal.
- Cut-off date for daily penalty and User Fee is the date this IRR takes effect.
- Cases with ongoing CAP compliance under DAO 1990-35 remain active until compliance.
Review, Amendment, and Effectivity
- Review of these rules scheduled after two years or as needed.
- Effective 15 days after publication, website posting, and receipt acknowledgment by ONAR.