Republic Act No. 9275
AN
ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR OTHER
PURPOSES
CHAPTER 1
GENERAL PROVISIONS
ARTICLE 1
DECLARATION OF PRINCIPLES AND POLICIES
SECTION 1. Short
Title. This Act shall be known as the Philippine
Clean Water Act of 2004.
SEC. 2. Declaration
of Policy. The State shall pursue a policy of economic
growth in a manner consistent with the protection, preservation and revival of
the quality of our fresh, brackish and marine waters. To achieve this end, the framework for
sustainable development shall be pursued.
As such, it shall be the policy of the State:
a) To
streamline processes and procedures in the prevention, control and abatement of
pollution of the countrys water resources;
b) To
promote environmental strategies, use of appropriate economic instruments and
of control mechanisms for the protection of water resources;
c) To
formulate a holistic national program of water quality management that
recognizes that water quality management issues cannot be separated from
concerns about water sources and ecological protection, water supply, public
health and quality of life;
d) To
formulate an integrated water quality management framework through proper
delegation and effective coordination of functions and activities;
e) To
promote commercial and industrial processes and products that are environment
friendly and energy efficient;
f) To
encourage cooperation and self-regulation among citizens and industries through
the application of incentives and market-based instruments and to promote the
role of private industrial enterprises in shaping its regulatory profile within
the acceptable boundaries of public health and environment;
g) To
provide for a comprehensive management program for water pollution focusing on
pollution prevention;
h) To
promote public information and education and to encourage the participation of
an informed and active public in water quality management and monitoring;
i) To
formulate and enforce a system of accountability for short and long-term adverse
environmental impact of a project, program or activity; and
j) To
encourage civil society and other sectors, particularly labor, the academe and
business undertaking environment-related activities in their efforts to
organize, educate and motivate the people in addressing pertinent environmental
issues and problems at the local and national levels.
SEC. 3. Coverage
of the Act. This Act shall apply to water quality
management in all water bodies: Provided, That it shall primarily apply
to the abatement and control of pollution from land based sources: Provided,
further, That the water quality standards and regulations and the civil
liability and penal provisions under this Act shall be enforced irrespective of
sources of pollution.
ARTICLE 2
DEFINITION OF TERMS
SEC. 4. Definition
of Terms. As used in this Act:
a) Aquifer
means a layer of water-bearing rock located underground that transmits water
in sufficient quantity to supply pumping wells or natural springs.
b) Aquatic
life means all organisms living in freshwater, brackish and marine
environment.
c) Beneficial
use means the use of the environment or any element or segment thereof
conducive to public or private welfare, safety and health; and shall include,
but not be limited to, the use of water for domestic, municipal, irrigation,
power generation, fisheries, livestock raising, industrial, recreational and
other purposes.
1. Use
of water for domestic purposes means the utilization of water for drinking,
washing, bathing, cooking or other household needs, home gardens and watering
of lawns or domestic animals;
2. Use
of water for municipal purposes means the utilization of water for supplying
water requirements of the community;
3. Use
of water for irrigation means the utilization of water for producing
agricultural crops;
4. Use
of water for power generation means the utilization of water for producing
electrical or mechanical power;
5. Use
of water for fisheries means the utilization of water for the propagation of
culture of fish as a commercial enterprise;
6. Use
of water for livestock raising means the utilization of water for large herds
or flocks of animals raised as a commercial enterprise;
7. Use
of water for industrial purposes means the utilization of water in factories,
industrial plants and mines, including the use of water as an ingredient of a
finished product; and
8. Use
of water for recreational purposes means the utilization of water for
swimming pools, bath houses, boating, water skiing, golf courses and other
similar facilities in resorts and other places of recreation.
d) Classification/Reclassification
of Philippine Waters means the categorization of all water bodies taking into
account, among others, the following:
(1) existing quality of the body of water; (2) size, depth, surface area
covered, volume, direction, rate of flow and gradient of stream; (3) most
beneficial existing and future use of said bodies of water and lands bordering
them, such as for residential, agricultural, aquacultural, commercial,
industrial, navigational, recreational, wildlife conservation and aesthetic
purposes; and (4) vulnerability of surface and groundwater to contamination
from pollutive and hazardous wastes, agricultural chemicals and underground
storage tanks of petroleum products.
e) Civil
Society means non-government organizations (NGOs) and peoples organizations
(POs).
f) Cleaner
Production means the application of an integrated, preventive environmental
strategy to processes, products, services to increase efficiency and reduce
risk to humans and the environment;
g) Clean-up
operations means activities involving the removal of pollutants discharged or
spilled into a water body and its surrounding areas, and the restoration of the
affected areas to their former physical, chemical and biological state or conditions.
h) Contamination
means the production of substances not found in the natural composition of
water that make the water less desirable or unfit desirable or unfit for
intended use.
i) Department means the
Department of Environment and Natural Resources.
j) Discharge
includes, but is not limited to, the act of spilling, leaking, pumping,
pouring, emitting, emptying, releasing or dumping of any material into a water
body or onto land from which it might flow or drain into said water.
k) Drinking
water means water intended for human consumption or for use in food
preparation.
l) Dumping
means any unauthorized or illegal disposal into any body of water or land of
wastes or toxic or hazardous material: Provided, That it does not mean a
release of effluent coming from commercial, industrial, and domestic sources
which are within the effluent standards.
m) Effluent
means discharge from known sources which is passed into a body of water or
land, or wastewater flowing out of a manufacturing plant, industrial plant including
domestic, commercial and recreational facilities.
n) Effluent
standard means any legal restriction or limitation on quantities, rates,
and/or concentrations or any combination thereof, of physical, chemical or
biological parameters of effluent which a person or point source is allowed to
discharge into a body of water or land.
o) Environmental
management means the entire system which includes, but is not limited to,
conservation, regulation and minimization of pollution, clean production, waste
management, environmental law and policy, environmental education and
information, study and mitigation of the environmental impacts of human
activity, and environmental research.
p) Environmental
management system means the part of the overall management system that
includes organizational structure, planning activities, responsibilities,
practices, procedures, processes and resources for developing, implementing,
achieving, reviewing and maintaining the environment policy.
q) Freshwater
means water containing less than 500 ppm dissolved common salt, sodium
chloride, such as that in groundwater, rivers, ponds and lakes.
r) Groundwater
means a subsurface water that occurs beneath a water table in soils and
rocks, or in geological formations.
s) Groundwater
vulnerability means relative ease with which a contaminant located at or near
the land surface can migrate to the aquifer or deep well.
t) Groundwater
vulnerability map means the identified areas of the land surface where
groundwater quality is most at risk from human activities and shall reflect the
different degrees of groundwater vulnerability based on a range of soil
properties and hydro geological criteria to serve as guide in the protection of
the groundwater from contamination.
u) Hazardous
waste means any waste or combination of wastes of solid liquid, contained
gaseous, or semi-solid form which cause, of contribute to, an increase in
mortality or an increase in serious irreversible, or incapacitating reversible
illness, taking into account toxicity of such waste, its persistence and
degradability in nature, its potential for accumulation or concentration in
tissue, and other factors that may otherwise cause or contribute to adverse
acute or chronic effects on the health of persons or organism.
v) Industrial
waste means any solid, semi-solid or liquid waste material with no commercial
value released by a manufacturing or processing plant other than excluded
material.
w) Integrated
Water Quality Management Framework means the policy guideline integrating all
the existing frameworks prepared by all government agencies contain the
following; water quality goals and targets; (b) period of compliance; (c) water
pollution control strategies and techniques; (d) water quality information and
education program; (e) human resources development program.
x) Margin
means a landward and outer limiting edge adjacent to the border of any water
bodies or a limit beyond where beyond where saturation zone ceases to exist.
y) National
Water Quality Status Report means a report to be prepared by the
Department indicating: a) the location of water bodies, their
quality, taking into account seasonal, tidal and others variations, existing
and potential uses and sources of pollution per specific pollutant and
pollution load assessment; b) water quality management areas pursuant to
Section 5 of this Act; c) and water classification.
z) Non-point
source means any source of pollution not identifiable as point source to
include, but not be limited to, runoff from irrigation or rainwater, which
picks up pollutants from farms and urban areas.
aa) Point
source means any identifiable source of pollution with specific point of
discharge into a particular water body.
bb) Pollutant
shall refer to any substance, whether solid, liquid, gaseous or radioactive,
which directly or indirectly:
(i) alters
the quality of any segment of the receiving water body to affect or tend to
affect adversely any beneficial use thereof;
(ii) is
hazardous or potential hazardous to health;
(iii) imparts
objectionable odor, temperature change, or physical, chemical or biological
change to any segment of the water body; or
(iv) is
in excess of the allowable limits, concentrations, or quality standards
specified, or in contravention of the condition, limitation or restriction
prescribed in this Act.
cc) Pollution
control technology means pollution control devices or apparatus, processes,
or other means that effectively prevent control or reduce pollution of water
caused by effluents and other discharges, from any point source at levels
within the water pollution standards.
dd) Potentially
infectious medical waste include isolation wastes, infectious agents, human
blood and blood products, pathological wastes, sharps, body parts, contaminated
bedding, surgical wastes, and other disposable medical equipment and material
that may pose a risk to the public health, welfare or the marine environment.
ee) Secretary means the
Secretary of the Department of Environmental and
Natural Resources (DENR).
ff) Septage
means the sludge produced on individual onsite wastewater disposal systems,
principally septic tanks and cesspools.
gg) Sewage
means water-borne human or animal wastes, excluding oil or oil wastes, removed
from residences, building, institutions, industrial and commercial
establishments together with such groundwater, surface water and storm water as
maybe present including such waste from vessels, offshore structures, other
receptacles intended to receive or retain waste or other places or the
combination thereof.
hh) Sewerage
includes, but is not limited to, any system or network of pipelines, ditches,
channels, or conduits including pumping stations, lift stations and force
mains, service connections including other constructions, devices, and
appliances appurtenant thereto, which includes the collection, transport, pumping
and treatment of sewage to a point of disposal.
ii) Sludge
means any solid, semi-solid or liquid waste or residue generated from a
wastewater treatment plant, water supply treatment plant, or water control
pollution facility, or any other such waste having similar characteristics and
effects.
jj) Surface
water means all water, which is open to the atmosphere and subject to surface
runoff.
kk) Treatment
means any method, technique, or process designed to alter the physical,
chemical or biological and radiological character or composition of any waste
or wastewater to reduce or prevent pollution.
ll) Toxic
amount means the lowest amount of concentration of toxic pollutants, which
may cause chronic or long-term acute or lethal conditions or effects to the
aquatic life, or health of persons or which may adversely affect designated
water uses.
mm) Waste
means any material either solid, liquid, semisolid, contained gas or other
forms resulting industrial, commercial, mining or agricultural operations, or
from community and household activities that is devoid of usage and discarded.
nn) Wastewater
means waste in liquid state containing pollutants.
oo)
Water
body means both natural and man-made bodies of fresh, brackish, and saline
waters, and includes, but is not limited to, aquifers, groundwater, springs,
creeks, streams, rivers, ponds, lagoons, water reservoirs, lakes, bays,
estuarine, coastal and marine waters.
Water bodies do not refer to those constructed, developed and used
purposely as water treatment facilities and / or water storage for recycling
and re-use which are integral to process industry or manufacturing.
pp) Water
Pollution means any alteration of the physical, chemical, biological, or
radiological properties of a water body resulting in the impairment of its
purity or quality.
qq) Water
Quality means the characteristics of water, which define its use in
characteristics by terms of physical, chemical, biological, bacteriological or
radiological characteristics by which the acceptability of water is evaluated.
rr) Water quality
guidelines means the level for a water constituent or numerical values of
physical, chemical, biological and bacteriological or radiological parameters
which are used to classify water resources and their use, which does not result
in significant health risk and which are not intended for direct enforcement
but only for water quality management purposes, such as determining time
trends, evaluating stages of deterioration or enhancement of the water quality,
and as basis for taking positive action in preventing, controlling or abating
water pollution.
ss) Water
Quality Management Area Action Plan includes, but not be limited to, the
following: (a) goals and targets
including sewerage or septage program, (b) schedule of compliance to meet the
applicable requirements of this Act; (c) water pollution control strategies or
techniques; (d) water quality information and education program; e) resource
requirement and possible sources; f) enforcement procedures of the plan and (g)
rewards and incentives under Chapter 4 of this Act.
CHAPTER 2
WATER QUALITY MANAGEMENT SYSTEM
ARTICLE 1
GENERAL PROVISIONS
SEC. 5. Water
Quality Management Area. The
Department,
in coordination with
National Water Resources
Board (NWRB), shall designate certain areas as water quality management
areas using appropriate physiographic units such as watershed, river basins or
water resources regions. Said management
areas shall have similar hydrological, hydrogeological, meteorological or geographic
conditions which affect the physicochemical, biological and bacteriological
reactions and diffusions of pollutants in the water bodies, or otherwise share
common interest or face similar development programs, prospects or problems.
Said management area shall be governed by a governing board
composed of representatives of mayors and governors of member local government
units (LGUs), and representatives of relevant national government agencies,
duly registered non-governmental organization, water utility sector, and
business sector. The
Department representative shall chair the
governing board. In the case of the LGUs
with memberships on more than one (1) management board, the LGU shall designate
only one (1) single representative for all the management areas wherein is a
member.
The governing board shall formulate strategies to
coordinate policies necessary for the effective implementation of this Act in
accordance with those established in the framework and monitor the compliance
with the action plan.
Each management area shall create a multi-sectoral group
to establish and affect water quality surveillance and monitoring network
including sampling schedules and other similar activities. The group shall submit its report and
recommendation to the chairman of the governing board.
A technical secretariat for each management area is
hereby created which shall be part of the
Department
and shall provide technical support to the governing board. They shall be composed of at least four (4)
members who shall have the following minimum qualifications:
a) One (1)
member shall be a member of the Philippines Bar;
b) One (1)
member shall be a Chemical Engineer, Chemist, Sanitary Engineer, Environmental
Engineer or Ecologist or significant training and experience in chemistry;
c) One (1)
member shall be a Civil Engineer or Hydrologist or Significant training and
experience in closely related fields and experience on ground water,
respectively; and
d) One (1)
member shall be a Geologist, Biologist, or significant training and experience
in closely related fields.
The areas within the jurisdiction of the
Laguna Lake Development Authority (LLDA)
shall be designated as one management area under the administration of LLDA in
accordance with R. A. No. 4850, as amended:
Provided, however, That the
standards promulgated pursuant to this Act and wastewater charge system
established pursuant hereof shall be enforced in said area.
SEC. 6. Management
of Non-attainment Areas. The
Department
shall designate water bodies, or portions thereof, where specific pollutants
from either natural or man-made source have already exceeded water quality
guidelines as non-attainment areas for the exceeded pollutants. It shall prepare and implement a program that
will not allow new sources of exceeded water pollutant in non-attainment areas
without a corresponding reduction in discharges from existing sources; Provided, That if the pollutant is
naturally occurring, e.g. naturally high boron and other elements in geothermal
areas, discharge of such pollutant may be allowed: Provided,
further, That the effluent concentration of discharge shall not exceed the
naturally occurring level of such pollutant in the area: Provided,
finally, That the effluent concentration and volume of discharge shall not
adversely affect water supply, public health and ecological protection.
The
Department
shall, in coordination with
NWRB,
Department of Health (DOH),
Department of Agriculture (DA), governing
board and other concerned government agencies and private sectors shall take
such measures as may be necessary to upgrade the quality of such water in
non-attainment areas to meet the standards under which it has been classified.
Upgrading of water quality shall likewise include
undertakings, which shall improve the water quality of a water body to a
classification that will meet its projected or potential use.
The LGUs shall prepare and implement contingency plans
and other measures including relocation, whenever necessary, for the protection
of health and welfare of the residents within potentially affected areas.
SEC. 7. National
Sewerage and Septage Management Program.
The Department of Public Works and Highways (DPWH),
through its relevant attached agencies, in coordination with the
Department, local government units (LGUs)
and other concerned agencies, shall, as soon as possible, but in no case
exceeding a period of twelve (12) months from the affectivity of this Act,
prepare a national program on sewerage and septage management in connection
with Section 8 hereof.
Such program shall include a priority listing of
sewerage, septage and combined sewerage-septage projects for LGUs based on
population density and growth, degradation of water resources, topography,
geology, vegetation, program/projects for the rehabilitation of existing
facilities and such other factors that the Secretary may deem relevant to the
protection of water quality. On the
basis of such national listing, the national government may allot, on an annual
basis, funds for the construction and rehabilitation of required facilities.
Each LGU shall appropriate the necessary land, including
the required rights-of-way/road access to the land for the construction of the
sewage and/or septage treatment facilities.
Each LGU may raise funds to subsidize necessary expenses
for the operation and maintenance of sewerage treatment or septage facility
servicing their area of jurisdiction through local property taxes and
enforcement of a service fee system.
SEC. 8. Domestic
Sewage Collection, Treatment and Disposal. Within five
(5) years following the effectivity of this Act, the Agency vested to provide
water supply and sewerage facilities and/or concessionaires in Metro Manila and
other highly urbanized cities (HUCs) as defined in Republic Act No. 7160, in
coordination with LGUs, shall be required to connect the existing sewage line
found in all subdivisions, condominiums, commercial centers, hotels, sports and
recreational facilities, hospitals, market places, public buildings, industrial
complex and other similar establishments including households to available
sewerage system. Provided, That the said connection shall be subject to sewerage
services charge/fees in accordance with existing laws, rules or regulations
unless the sources had already utilized their own sewerage system: Provided,
further, That all sources of sewage and septage shall comply with the
requirements herein.
In areas not considered as HUCs, the
DPWH in coordination with the
Department,
DOH
and other concerned agencies, shall employ septage or combined sewerage-septage
management system.
For the purpose of this section, the
DOH, coordination with other government
agencies, shall formulate guidelines and standards for the collection,
treatment and disposal of sewage including guidelines for the establishment and
operation of centralized sewage treatment system.
SEC. 9. National
Water Quality Management Fund. A water quality management fund, to be
administered by the
Department, in
coordination with other concerned agencies, as a special account in the
National Treasury is hereby
established. The fund shall be used to
finance the following:
a) Finance
containment and clean-up operations of the government in water pollution cases;
b) Guarantee
restoration of ecosystems and rehabilitation of affected areas;
c) Support
research, enforcement and monitoring activities;
d) Provide
technical assistance to the implementing agencies;
e) Grant
rewards and incentives;
f) Support
information and educational campaign; and
g) Such
other disbursements made solely for the prevention, control or abatement of
water pollution and management and administration of the management areas in
the amounts authorized by the
Department.
The fines imposed and damages awarded to the government
by the Pollution Adjudication Board (PAB), proceeds of permits issued by the
Department under this Act, donations,
endowments and grants in the form of contributions to the national government
under this Act shall form part of the fund.
Such donations, endowments and grants shall be exempt from donors taxes
and all other taxes, charges or fees imposed by the government and shall be
deductible from the gross income of the donor for income tax purposes.
Disbursements from the fund shall be subject to the usual
accounting and budgeting rules and regulations.
SEC. 10. The
Area Water Quality Management Fund. The area water quality management fund is
hereby established for the maintenance and upkeep of the water bodies in a
water quality management area. The fund
shall be utilized for the grant of rewards and incentives for entities whose
effluent discharges are better than the water quality criteria of the target
classification of the receiving body of water, loans for acquisitions and
repairs of facilities to reduce quantity and improve quality of wastewater
discharges, and regular maintenance of the water bodies within the management
area.
An amount of not more than ten percent (10%) of the total
amount accruing to the funds annually shall be allocated for the operational
expenses of the governing board, its secretariat and multi-sectoral water
quality surveillance and monitoring network.
This fund shall initially be sourced from the fines
incurred by the establishments located in rural areas before the effectivity of
this Act. Thereafter, the fees collected
under the wastewater charge system established under Section 13 of this Act,
donations, endowments and grants for water quality management of the area shall
accrue to the fund.
Disbursements from the fund shall be subject to the usual
accounting and budgeting rules and regulations.
This fund shall be managed by the Board of the corresponding management
area.
SEC. 11. Water
Quality Variance for Geothermal and Oil and Gas Exploration.
The
Department may provide
variance in water quality criteria and standards for geothermal exploration
that encounters re-injection constraints:
Provided, That there shall be
provision for adequate protection of beneficial use of water bodies, downstream
of the geothermal project: Provided, further, That this provision
may be applied to oil and gas exploration as determined by the Department.
SEC. 12. Categories
of Industry Sector. Within twenty-four (24) months from the
effectivity of this Act, and every two (2) years thereafter, the
Department shall, through due public
consultation, revise and publish a list of categories of industry sector for
which effluent standards will be provided for each significant wastewater
parameter per industry sector.
The
Department
shall provide additional classification based on other parameters specifically
associated to discharge of a particular industry which shall be included in the
listing of categories prescribed in the preceding paragraph.
ARTICLE 2
WATER POLLUTION PERMITS AND CHARGES
SEC. 13. Wastewater
Charge System. The
Department
shall implement a wastewater charge system in all management areas including
the Laguna Lake Region and
a) To
provide strong economic inducement for polluters to modify their production or
management processes or to invest in pollution control technology in order to
reduce the amount of water pollutants generated;
b) To
cover the cost of administering water quality management or improvement
programs;
c) Reflect
damages caused by water pollution on the surrounding environment, including the
cost of rehabilitation;
d) Type
of pollutant;
e) Classification
of the receiving water body; and
f) Other
special attributes of the water body.
The fee shall be based on the net waste load depending on
the wastewater, charge formula which shall be established with due public
consultation within six (6) months from the effectivity of this Act: Provided,
That net waste load shall refer to the difference of the initial waste load of
the abstracted water and the waste load of the final effluent discharge of an
industry: Provided, further, That no net waste load shall be lower than the
initial waste load: Provided, finally, That wastewater charge system shall not apply to
wastewater from geothermal exploration.
Industries whose water effluent are within standards promulgated
pursuant to this Act, shall only be charged with minimal reasonable amount
which shall be determined by the Department after due public consultation,
giving account to volumetric rate of discharge and effluent concentration.
SEC. 14. Discharge
Permits. The
Department
shall require owners or operators of facilities that discharge regulated
effluents pursuant to this Act to secure a permit to discharge. The discharge permit shall be the legal
authorization granted by the
Department
to discharge wastewater: Provided, That the discharge permit
shall specify among others, the quantity and quality of effluent that said
facilities are allowed to discharge into a particular water body, compliance
schedule and monitoring requirement.
As part of the permitting procedure, the
Department shall encourage the adoption of
waste minimization and waste treatment technologies when such technologies are
deemed cost effective. The
Department shall also develop procedures to
relate the current water quality guideline or the projected water quality
guideline of the receiving water body/ies with total pollution loadings from
various sources, so that effluent quotas can be properly allocated in the
discharge permits. For industries
without any discharge permit, they may be given a period of twelve (12) months
after the effectivity of the implementing rules and regulations promulgated
pursuant to this Act, to secure a discharge permit.
Effluent trading may be allowed per management area.
ARTICLE 3
FINANCIAL LIABILITY MECHANISM
SEC. 15. Financial
Liability for Environmental Rehabilitation.
The
Department shall require
program and project proponents to put up environmental guarantee fund (EGF) as
part of the environmental management plan attached to the environmental
compliance certificate pursuant to
Presidential Decree No.
1586 and its implementing rules and regulations. The EGF shall finance the maintenance of the
health of the ecosystems and specially the conservation of watersheds and
aquifers affected by the development, and the needs of emergency response,
clean-up or rehabilitation of areas that may be damaged during the programs or
projects actual implementation.
Liability for damages shall continue even after the termination of a
program or project and, until the lapse of a given period indicated in the
environmental compliance certificate, as determined by the
Department.
The EGF may be in the form of a trust fund, environmental insurance,
surety bonds, letters of credit, self-insurance and any other instruments which
may be identified by the
Department. The choice of the guarantee instrument or
combinations thereof shall depend, among others, on the assessment of the risks
involved and financial test mechanisms devised by the
Department.
Proponents required to put up guarantee instruments shall furnish the
Department with evidence of availment of
such instruments from accredited financial instrument providers.
SEC. 16. Clean-Up
Operations. Notwithstanding the provisions of Sections
15 and 26 hereof, any person who causes pollution in or pollutes water bodies
in excess of the applicable and prevailing standards shall be responsible to
contain, remove and clean-up any pollution incident at his own expense to the
extent that the same water bodies have been rendered unfit for utilization and
beneficial use: Provided, That in the event emergency clean-up operations are
necessary and the polluter fails to immediately undertake the same, the
Department, in coordination with other
government agencies concerned, shall conduct containment, removal and clean-up
operations. Expenses incurred in said
operations shall be reimbursed by the persons found to have caused such
pollution upon proper administrative determination in accordance with this
Act. Reimbursements of the cost incurred
shall be made to the Water Quality Management Fund or to such other funds where
said disbursements were sourced.
SEC. 17. Programmatic
Environmental Impact Assessment. The
Department
shall implement programmatic compliance with the environmental impact
assessment system, as in the following types of development:
a)
development
consisting of a series of similar projects, or a project subdivided into
several phases and/or stages whether situated in a contiguous area or
geographically dispersed; and
b) development
consisting of several components or a cluster of projects co-located in an area
such as an industrial estate, an export processing zone, or a development zone
identified in a local land use plan.
Programmatic compliance with the environmental impact
assessment system shall be guided by carrying capacity assessments determined
from ecological profiles. Ecological
profiles shall identify environmental constraints and opportunities in
programmatic areas. Programmatic
assessment shall also take into account cumulative impacts and risks.
Consistent with the provisions of the Local Government
Code, the
Department may enter into
agreement with LGUs to incorporate programmatic environmental impact assessment
into the preparation, updating or revision of local land use plans and area
development plans.
SEC. 18. Environmental
Impact Assessment System Programmatic Compliance with Water Quality Standards.
The
Department may allow each
regional industrial center established pursuant to Republic Act No. 7916 (PEZA Law) to allocate effluent quotas to
pollution sources within its jurisdiction that qualify under an environmental
impact assessment system programmatic compliance program in accordance with
Presidential Decree No. 1586 and its implementing rules
and regulations.
CHAPTER 3
INSTITUTIONAL MECHANISM
SEC. 19. Lead
Agency. The
Department
shall be the primary government agency responsible for the implementation and
enforcement of this Act unless otherwise provided herein. As such, it shall have the following
functions, powers and responsibilities:
a) Prepare
a National Water Quality Status Report within twenty-four (24) months from the
effectivity of this Act: Provided,
That the
Department shall thereafter
review or revise and publish annually, or as the need arises, said report;
b) Prepare
an Integrated Water Quality Management Framework within twelve (12) months
following the completion of the status report;
c) Prepare
a ten (10) year Water Quality Management Area Action Plan within twelve (12)
months following the completion of the framework for each designated water
management area. Such action plan shall
be reviewed by the water quality management area governing board every five (5)
years or as need arises;
d) Prepare
and publish a national a national groundwater vulnerability map incorporating
the prevailing standards and methodologies, within twenty four (24) months
after the effectivity of this Act;
e) Enforce,
review and revise within twelve (12) months from the effectivity of this Act
water quality guidelines after due consultation with the concerned stakeholder
sectors: Provided, That the
Department,
in coordination with appropriate agencies shall review said guidelines every
five (5) years or as need arises;
f) Review
and set effluent standards every five (5) years from the effectivity of this
Act or sooner as determined by the
Department: Provided, That in the interim, the
provisions of
DENR Administrative Order
No. 35 of the Department shall apply: Provided,
further, That when new and more stringent standards are set in
accordance with this section, the
Department
may establish a grace period with a maximum of five (5) years: Provided, finally, That such
grace period shall be limited to the moratorium on the issuance of cease and
desist and/or closure order against the industrys operations except in the
event such operation poses serious and grave threat to the environment, or the
industry fails to institute retooling, upgrading or establishing an environmental
management system (EMS).
g) Establish
within twelve (12) months from the effectivity of this Act,
internationally-accepted procedures for sampling and analysis of pollutants and
in coordination with other concerned agencies, formulate testing procedures and
establish an accreditation system for laboratories;
h) Within
eighteen (18) months from the effectivity of this Act and every two (2) years
thereafter, categorize point and non-point sources of water pollution;
i) Classify
groundwater sources within twelve (12) months from the effectivity of this Act;
j) Classify
or reclassify all water bodies according to their beneficial usages: Provided, that in the interim, the
provisions of
DENR Administrative Order
No. 34 shall apply: Provided, further,
that such classification or reclassification shall take into consideration the
operation of businesses or facilities that are existing prior to the
effectivity of the Act: Provided,
furthermore, that the
Department may
authorize the use of the water for other purposes that are more restrictive in
classification: Provided, finally,
That discharges resulting from such use shall meet the effluent standards set
by the
Department;
k) Exercise
jurisdiction over all aspects of water pollution, determine its location, magnitude,
extent, severity, causes, effects and other pertinent information on pollution,
and to take measures, using available methods and technologies to prevent and
abate such pollution;
l) Exercise
supervision and control over all aspects of water quality management;
m) Establish
a cooperative effort in partnership with the government, LGUs, academic
institutions, civil society and the private sector to attain the objectives of
this Act;
n) Disseminate
information and conduct educational awareness and value formation programs and
campaigns on the effects of water pollution on health and environment, water
quality management, and resource conservation and recovery to encourage an
environmentally action-oriented society in coordination with government
agencies identified in Section 22 (f);
o) Promote
and encourage private and business sectors especially manufacturing and
processing plants the use of water quality management systems equipment,
including but not limited to, industrial wastewater treatment collection and
treatment facilities;
p) Report,
on an annual basis, to Congress the quality status of water bodies and other
pertinent information and recommend possible legislation, policies and programs
for environmental management and water pollution control;
q) Issue
rules and regulations for the effective implementation of the provisions of
this Act;
r) Issue
orders against any person or entity and impose fines, penalties and other
administrative sanctions to compel compliance with water quality the provisions
of this Act;
s) Undertake
appropriate protocol with other concerned agencies for immediate coordinated
responses to water related emergency incidents;
t) Issue
permits, clearances and similar instruments pursuant to this Act; and
u) Exercise
such powers and perform such other functions as may be necessary to carry out
the objectives of this Act
The
Department
shall gradually devolve to the LGUs, and to the governing boards the authority
to administer some aspects of water quality management and regulation,
including, but not to be limited to, permit issuance, monitoring and imposition
of administrative penalties, when, upon the
Departments
determination, the LGU or the governing board has demonstrated readiness and
technical capability to undertake such functions.
SEC. 20. Role
of Local Government Units. Local government units shall share the
responsibility in the management and improvement of water quality within their
territorial jurisdictions.
Each local government unit shall within six (6) months
after the establishment of the water quality management area action plan
prepare a compliance scheme in, accordance thereof, subject to review and
approval of the governing board.
Each local government unit shall, through its Environment
and Natural Resources Office (ENRO) established in Republic Act No. 7160, have
the following powers and functions:
a) Monitoring
of water quality;
b) Emergency
response;
c) Compliance
with the framework of the Water Quality Management Action Plan;
d) To take
active participation in all efforts concerning water quality protection and
rehabilitation; and
e) To
coordinate with other government agencies and civil society and the concerned
sectors in the implementation of measures to prevent and control water
pollution: Provided, however,
That in provinces/cities/municipalities where there are no environment and
natural resources officers, the local executive concerned may, with the
approval of the
Secretary of the DENR
designate any of his official and/or chief of office preferably the provincial,
city or municipal agriculturist, or any of his employee: Provided, finally, That in case an
employee is designated as such, he must have sufficient experience in
environmental and natural resources management, conservation and
utilization.
SEC. 21. Business
and Industry Role in Environmental Management.
The
Department and the LGUs, in
coordination with the appropriate government agencies, and in consultation with
the business and industrial sectors including commerce, shall formulate
appropriate incentives for the adoption procedures that will preserve and
protect our water bodies through the introduction of innovative equipment and
processes that reduce if totally eliminate discharge of pollutants into our
water bodies.
SEC. 22. Linkage
Mechanism. The
Department
and its concerned attached agencies including
LLDA
shall coordinate and enter into agreement with other government agencies,
industrial sector and other concerned sectors in the furtherance of the
objectives of this Act. The following
agencies shall perform tile functions specified hereunder:
a) Philippine Coast Guard in coordination with
DA and the
Department
shall enforce for the enforcement of water quality standards in marine waters,
set pursuant to this Act, specifically from offshore sources;
b) DPWH through its attached agencies, such as
the
MWSS,
LWUA, and including other urban water
utilities for the provision or sewerage and sanitation facilities and the
efficient and safe collection, treatment and disposal of sewage within their
area of jurisdiction;
c) DA, shall coordinate with the
Department, in the formulation of guidelines
for the re-use of wastewater for irrigation and other agricultural uses and for
the prevention, control and abatement of pollution from agricultural and
aquaculture activities: Provided,
That discharges coming from non-point sources be categorized and further
defined pursuant to this Act: Provided,
further, That the
Bureau of Fisheries
and Aquatic Resources (BFAR) of the
DA
shall be primarily responsible for the prevention and control of water
pollution for the development, management and conservation of the fisheries and
aquatic resources;
d) DOH shall be primarily responsible for the
promulgation, revision and enforcement of drinking water quality standards;
e) DOST, in coordination with the
Department and other concerned agencies,
shall prepare a program for the evaluation, verification, development and
public dissemination of pollution prevention and cleaner production
technologies; and
f)
Department of Education (DepEd),
Commission Higher Education (CHED),
Department of the Interior and Local Government
(DILG) and
Philippine Information
Agency (PIA) shall assist and coordinate with the
Department in, the preparation and
implementation of a comprehensive program pursuant to the objectives of this
Act.
SEC. 23. Requirement
of Record-keeping, Authority for Entry to Premises and Access to Documents.
The
Department or its duly
authorized representative shall, after proper consultation and notice, require
any person who owns or operates any pollution source or who is subject to any
requirement of this Act to submit reports and other written information as may
be required by the
Department.
Any record, report or information obtained under this
section shall be made available to the public, except upon a satisfactory
showing to the
Department by the, entity
concerned that the record, report, or information or parts thereof, if made
public, would divulge secret methods or processes entitled to protection as intellectual
property. Such record, report or
information shall likewise be incorporated in the
Departments industrial rating system. Pursuant to this Act, the
Department, through its authorized
representatives, shall have the right to:
(a) enter any premises or to have access to documents and relevant
materials as referred to in the herein preceding paragraph; (b) inspect any
pollution or waste source, control device, monitoring equipment or method
required; and (c) test any discharge.
In cases of fish kill incidence, the
Bureau of Fisheries of the
DA, in the course of its investigation, may
enter the premises of an establishment reported to have caused said
incident.
SEC. 24. Pollution
Research and Development Programs. The
Department,
in coordination with the
Department of
Science and Technology (DOST), other concerned agencies and academic
research institutions, shall establish a national research and development
program for the prevention and control of water pollution. As part of said program, the
DOST shall conduct and promote the
coordination and acceleration of research, investigation, experiments,
training, survey and studies relating to the causes, extent, prevention and
control of pollution among concerned government agencies and research
institutions.
CHAPTER 4
INCENTIVES AND REWARDS
SEC. 25. Rewards.
Rewards, monetary or otherwise, shall be provided to individuals,
private organization and entities, including civil society, that have
undertaken outstanding and innovative projects, technologies, processes and
techniques or activities in water quality management. Said rewards shall be sourced from the Water
Quality Management Fund herein created.
SEC. 26. Incentives
Scheme. An incentive scheme is hereby provided for
the purpose of encouraging LGUs, water districts (WDs), enterprises, or private
entities, and individuals, to develop or undertake an effective water quality
management, or actively participate in any program geared towards the promotion
thereof as provided in this Act.
A.
Non-fiscal
incentives
1.
Inclusion
in the Investments Priority Plan (IPP). Subject to the rules and regulations of the
Board of Investments (BOI), industrial
wastewater treatment and/or adoption of water pollution control technology,
cleaner production and waste minimization technology shall be classified as
preferred areas of investment under its annual priority plan and shall enjoy
the applicable fiscal and non-fiscal incentives as may be provided for under
the Omnibus Investment Code, as amended.
Fiscal
Incentives
2. Tax
and Duty Exemption on Imported Capital Equipment.
Within ten 10) years upon the effectivity of this Act, LGUs, WDs,
enterprises or private entities shall enjoy tax-and-duty-free importation of
machinery, equipment and spare parts used for industrial wastewater
treatment/collection and treatment facilities:
Provided, That the importation
of such machinery, equipment and spare parts shall comply with the following
conditions:
a) They
are not manufactured domestically in sufficient quantity, of comparable quality
and at reasonable prices;
b) They
are reasonably needed and will be used actually, directly and exclusively for
the above mentioned activities; and
c) Written
endorsement by the Department that the importation of such machinery, equipment
and spare parts would be beneficial to environmental protection and
management: Provided, further,
That the sale, transfer or disposition of such machinery, equipment and spare
parts without prior approval of the
BOI
within five (5) years from the date of acquisition shall be prohibited,
otherwise the LGU concerned, WD, enterprise or private entity and the concerned
vendee, transferee or assignee shall be solidarity liable to pay twice the
amount of tax and duty exemption given it.
3. Tax
Credit on Domestic Capital Equipment. Within ten (10) years from the effectivity
of this Act, a tax credit equivalent to one hundred percent (100%) of the value
of the national internal revenue taxes and customs duties that would have been
waived on the machinery, equipment, and spare parts, had these items been
imported shall be given to enterprises or private entities and individuals,
subject to the same conditions and prohibition cited in the preceding
paragraph.
4. Tax
and Duty Exemption of Donations, Legacies and Gifts.
All legacies, gifts and donations to LGUs, WDs, enterprises, or
private entities and individuals, for the support and maintenance of the
program for effective water quality management shall be exempt from donors tax
and shall be deductible from the gross income of the donor for income tax
purposes.
Imported articles donated to, or for the account of any
LGUs, WDs, local water utilities, enterprises, or private entities and
individuals to be exclusively used for water quality management programs shall
be exempted from the payment of customs duties and applicable internal revenue
taxes.
Industrial wastewater treatment and/or installation of
water pollution control devices shall be classified as pioneer and preferred
areas of investment under the
BOIs annual
priority plan and shall enjoy the applicable fiscal and non-fiscal incentives
as may be provided for under the Omnibus
Investment Code, as amended.
B.
Financial
Assistance Program
Government financial institutions such as the
Development Bank of the Philippines,
Land Bank of the Philippines,
Government Service Insurance System, and
such other government institutions providing financial services shall, in
accordance with and to the extent allowed by the enabling provisions of their
respective charters or applicable laws, accord high priority to extend
financial services to LGUs, WDs, enterprises, or private entities engaged in
sewage collection and treatment facilities.
C.
Extension
or Grants to LGUs
Cities and municipalities which shall establish or
operate sewerage facilities may be entitled to receive grants for the purpose
of developing technical capabilities.
CHAPTER 5
CIVIL LIABILITY/PENAL PROVISIONS
SEC. 27. Prohibited
Acts. The following acts are hereby prohibited:
a) Discharging,
depositing or causing to be deposited material of any kind directly or
indirectly into the water bodies or along the margins of any surface water,
where, the same shall be liable to be washed into such surface water, either by
tide action or by storm, floods or otherwise, which could cause water pollution
or impede natural flow in the water body;
b) Discharging,
injecting or allowing to seep into the soil or sub-soil any substance in any
form that would pollute groundwater. In
the case of geothermal projects, and subject to the approval of the Department,
regulated discharge for short- term activities (e.g., well testing, flushing,
commissioning, venting) and deep re-injection of geothermal liquids may be
allowed: Provided, That safety
measures are adopted to prevent the contamination of the groundwater;
c) Operating
facilities that discharge regulated water pollutants without the valid required
permits or after the permit was revoked for any violation of any condition
therein;
d) Disposal
of potentially infectious medical waste into sea water by vessels unless the
health or safety of individuals on board the vessel is threatened by a great
and imminent peril;
e) Unauthorized
transport or dumping into sea waters of sewage sludge or solid waste as defined
under
Republic Act No. 9003;
f) Transport,
dumping or discharge of prohibited chemicals, substances or pollutants listed
under
Republic Act No. 6969;
g) Operate
facilities that discharge or allow to seep, willfully or through gross
negligence, prohibited chemicals, substances or pollutants listed under
R. A. No. 6969 into water bodies or wherein the
same shall be liable to be washed into such surface, ground, coastal, and
marine water;
h) Undertaking
activities or development and expansion of projects, or operating
wastewater/sewerage facilities in violation of
Presidential
Decree No. 1586 and its implementing rules, and regulations;
i) Discharging
regulated water pollutants without the valid required discharge permit pursuant
to this Act or after the permit was revoked for any violation of condition
therein;
j) Non-compliance
of the LGU with the Water Quality Framework and Management Area Action
Plan. In such a case, sanctions shall be
imposed on the local government officials concerned;
k) Refusal
to allow entry, inspection and monitoring by the
Department in accordance with this Act;
l) Refusal
to allow access by the
Department to
relevant reports and records in accordance with this Act;
m) Refusal
or failure to submit reports whenever required by the
Department in accordance with this Act;
n) Refusal
or failure to designate pollution control officers whenever required by, the
Department in accordance with this Act; and
o) Directly
using booster pumps in the distribution system or tampering with the water
supply in such a way as to alter or impair the water quality.
SEC. 28. Fines,
Damages and Penalties. Unless otherwise provided herein, any
person who commits any of the prohibited acts provided in the immediately
preceding section or violates any of the provision of this Act or its
implementing rules and regulations, shall be fined by the
Secretary, upon the
recommendation of the PAB in the amount of not less than Ten thousand pesos (P
10,000.00) nor more than Two hundred thousand pesos (P 200,000.00) for every
day of violation. The fines herein prescribed
shall be increased by ten percent (10%) every two (2) years to compensate for
inflation and to maintain the deterrent function of such fines: Provided, That the
Secretary, upon
recommendation of the PAB may order the closure, suspension of development or
construction, or cessation of operations or, where appropriate disconnection of
water supply, until such time that proper environmental safeguards are put in
place and/or compliance with this Act or its rules and regulations are
undertaken. This paragraph shall be
without prejudice to the issuance of an ex parte order for such closure,
suspension of development or construction, or cessation of operations during
the pendency of the case.
Failure to undertake clean-up operations, willfully, or
through gross negligence, shall be punished by imprisonment of not less than
two (2) years and not more than four (4) years and a fine not less than Fifty
thousand pesos (P 50,000.00) and not more than One hundred thousand pesos (P
100,000.00) per day for each day of violation.
Such failure or refusal which results in serious injury or loss of life
and/or irreversible water contamination of surface, ground, coastal and marine
water shall be punished with imprisonment of not less than six (6) years and
one day and not more than twelve (12) years, and a fine of Five Hundred
Thousand Pesos (P 500,000.00) per day for each day during which the omission
and/or contamination continues.
In case of gross violation of this Act, the PAB shall
issue a resolution recommending that the proper government agencies file
criminal charges against the violators.
Gross violation shall mean any of the following:
a) deliberate
discharge of toxic pollutants identified pursuant to
Republic
Act No. 6969 in toxic amounts;
b) five
(5) or more violations within a period of two (2) years; or
c) blatant
disregard of the orders of the PAB, such as the non-payment of fines, breaking
of seals or operating despite the existence of an order for closure,
discontinuance or cessation of operation.
In which case, offenders shall be punished with a fine of
not less than Five hundred thousand pesos (P 500,000.00) but not more than
Three million pesos (P 3,000,000.00) per day for each day of violation or
imprisonment of not less than six (6) years but not more than ten (10) years,
or both, at the discretion of the court.
If the offender is a juridical person, the president, manager and the
pollution control officer or the official in charge of the operation shall
suffer the penalty herein provided.
For violations falling under Section 4 of
Presidential
Decree No. 979 or any regulations prescribed in pursuance thereof, such person
shall be liable for a fine of not less than Fifty thousand pesos (P 50,000.00)
nor more than One million pesos (P 1,000,000.00) or by imprisonment of not less
than one (1) year nor more than six (6) years or both, for each offense,
without prejudice to the civil liability of the offender in accordance with
existing laws. If the offender is a
juridical entity, then its officers, directors, agents or any person primarily
responsible shall be held liable: Provided,
That any vessel from which oil or other harmful substances are discharged in
violation of Section 4 of
Presidential Decree No. 979 shall be liable for
penalty of fine specified in the immediately preceding paragraph and clearance
of such vessel from the port of the Philippines may be withheld until the fine
is paid and such penalty shall constitute a lien on such vessel which may be
recovered in proceedings by libel in rem in the proper court which the
vessel may be. The owner or operator of
a vessel or facility which discharged the oil or other harmful substances will
be liable to pay for any clean-up costs.
Provided, finally, That water pollution cases involving acts or omissions
committed within the Laguna Lake Region shall be dealt with in accordance with
the procedure under R. A. No. 4850 as
amended.
SEC. 29. Administrative
Sanctions Against Non-compliance with the Water Quality Management Area Action
Plan. Local government officials concerned shall
be subject to Administrative sanctions incase of failure to comply with their
action plan accordance with the relevant provisions of R. A. No. 7160.
CHAPTER 6
ACTIONS
SEC. 30. Administrative
Action. Without prejudice to the right of any
affected person to file an administrative action, the
Department shall, on its own instance or
upon verified complaint by any person, institute administrative proceedings in
the proper forum against any person who violates:
a) Standards
or limitations provided by this Act; or
b) By
any such order, rule or regulation issued by the
Department with respect to such standard or
limitation.
CHAPTER 7
FINAL PROVISIONS
SEC. 31. Appropriations.
An amount of One hundred million pesos (P 100,000,000.00) shall be
appropriated from the savings of the National Government to the
Department for the initial implementation of
this Act. Thereafter, the amount
necessary to effectively carry out the provision of this Act shall be included
in the General Appropriations Act of the year following its enactment into law
and thereafter.
SEC. 32. Implementing
Rules and Regulations. The
Department,
in coordination with the Committees on Environment and Ecology of the
Senate and the
House of Representatives, respectively
and other concerned agencies shall promulgate the implementing rules and
regulations for this Act, within one (1) year after the enactment of this
Act: Provided,
That rules and regulations issued by other government agencies and
instrumentalities for the prevention and/or abatement of water pollution not
inconsistent with this Act shall supplement the rules and regulations issued by
the
Department, pursuant to the
provisions of this Act.
The draft of the implementing rules and regulations shall
be published and be the subject of public consultations with affected sectors.
There shall be a mandatory review of the implementing
rules and regulations and standards set pursuant to the provisions of this Act.
SEC. 33. Joint
Congressional Oversight Committee. There is hereby created a Joint
Congressional Oversight Committee to monitor the implementation of this Act and
to review the implementing rules and regulations promulgated by the
Department.
The Committee shall be composed of five (5) Senators and five; (5)
Representatives to be appointed by the
Senate
President and the
Speaker of the
House of Representatives, respectively.
The Oversight Committee shall be co-chaired by the Chairpersons of the
Committee on Environment of the Senate and
the
Committee on Ecology of the House of
Representatives.
SEC. 34. Repealing
Clause. Presidential Decree No. 984 is hereby
repealed.
Republic
Act Nos. 6969 and 4850 as amended,
Presidential Decree
Nos. 1586, 1152,
979 and 856 are hereby amended and modified
accordingly. All other laws, orders,
issuance, rules and regulations inconsistent herewith are hereby repealed or
modified accordingly.
SEC. 35. Separability
Clause. If any provision of this Act or the
application such provision to any person or circumstances is declared
unconstitutional, the remainder of the Act or the application of such provision
to other person or circumstances shall not be affected by such declaration.
SEC. 36. Effectivity.
This Act shall take effect fifteen (15) days from the date of its
publication in the Official Gazette
or in at least two (2) newspapers of general circulation.
Approved, March 22, 2004
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