Policy standard: best usage maintenance
- Section 1 requires that the quality of Philippine waters shall be maintained in a safe and satisfactory condition.
- Section 1 requires that water quality be maintained according to each water body’s best usage.
- Section 1 provides that, in conjunction with DAO No. 34, Series of 1990, Section 68 of DAO No. 34 (S. 90) is amended for coastal and marine waters.
Amended classification for coastal waters
- Section 1 amends Section 68(b) — Coastal and Marine Waters by establishing classification categories based on beneficial use.
- Class SA includes waters suitable for the propagation, survival and harvesting of shellfish for commercial purposes.
- Class SA also includes national marine parks and marine reserves established under existing laws and/or declared by the appropriate government agency, and coral reef parks and reserves designated by law and concerned authorities.
- Class SB includes tourist zones and marine reserves primarily used for recreational activities such as bathing, swimming, skin diving, and similar uses, established under existing laws and/or declared by the appropriate government agency.
- Class SB further includes Recreational Water Class I (areas regularly used by the public for bathing, swimming, skin diving, etc.) and Fishery Water Class I (spawning areas for Chanos chanos or Bangus and similar species).
- Class SC includes Recreational Water Class II (e.g., boating) and Fishery Water Class II (commercial and sustenance fishing), and includes marshy and/or mangrove areas declared as fish and wildlife sanctuaries.
- Class SD covers industrial and water supply Class II (e.g., cooling) and other coastal and marine waters, which by their quality belong to this classification.
Amended water quality criteria table
- Section 2 amends Section 69 on Water Quality Criteria by updating the table for coastal and marine waters.
- Section 2 uses “TABLE 3 WATER QUALITY CRITERIA FOR CONVENTIONAL AND OTHER POLLUTANTS AFFECTING AESTHETICS AND EXERTING OXYGEN DEMAND FOR COASTAL AND MARINE WATERS” for the amended criteria.
- Section 2 sets the fecal coliforms criterion for Class SB as 200(P) measured in MPN/100ml.
- The footnote for Table 3 states that the limit “(P)” refers to the geometric mean of the results of at least five (5) consecutive sampling events.
Fecal coliform monitoring procedures
- Section 3 prescribes operational procedures for monitoring fecal coliforms in tourist zones and bathing areas in tourist zones.
- Sampling frequency: Sampling must be conducted at regular intervals and at least six (6) times a month whenever there are indications of the presence of pollution sources.
- Sampling adjustment: Sampling frequency may be adjusted to a lesser intensity during periods of low bathing activity and when pollution sources are effectively mitigated as determined by appropriate authorities.
- Sampling depth and location: Samples must be taken from areas not less than 1 meter deep and collected 20–30 centimeters from the water surface.
- Protocols and controls: Appropriate protocols for sample containers, sample collection, sample preservation and handling, chain-of-custody, sample analysis, and quality assurance/quality control must be strictly observed.
Authority and implementation mechanism
- DENR Administrative Order No. 97-23 operates through amendments to DAO No. 34, Series of 1990, specifically Section 68 and Section 69.
- Section 1 and Section 2 implement the classification and criteria changes by amending the corresponding provisions in DAO No. 34.
- Section 3 implements monitoring controls by prescribing operational sampling procedures tied to fecal coliform monitoring in tourist/bathing areas.
- The order’s enforceability begins upon satisfaction of the publication rule and lapse of fifteen (15) days thereafter.
Revisions, amendments, and incorporation into DAO 34
- Section 1 expressly amends Section 68 of DAO 34, S. 90 by inserting the amended Class SA, Class SB, Class SC, and Class SD beneficial use classifications for coastal and marine waters.
- Section 2 expressly amends Section 69 by providing the updated Table 3 fecal coliform criterion for Class SB and the associated geometric mean sampling-event rule.
- Section 3 establishes additional monitoring operational procedures that must be observed for fecal coliform monitoring in the covered tourist/bathing contexts.
- The order is adopted under the authority of the DENR Secretary and becomes effective through the publication requirements stated in the final paragraph.