The Philippine
Clean Water Act of 2004
Introduction
As an archipelago,
the Philippines is surrounded with water. It ranks fourth with the longest
coastline in the world measuring 36,289 km (22,559 miles) while its water area
covers 1,830 sq km (The World Factbook). The country’s water resources have
played a significant role in its development. However, some development
efforts, combined with the rising demands of the ever-increasing population,
have caused damage to these water resources. In response, a law was signed to
“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” (Section 2). Republic Act (R.A.) No. 9275 titled “An Act
Providing for a Comprehensive Water Quality Management and for Other Purposes”,
also known as the Philippine Clean Water Act of 2004 (CWA), was signed by
former President Gloria Macapagal-Arroyo on March 22, 2004. It took effect on
May 6, 2004, with its Implementing Rules and Regulation (IRR) contained in the
Department of Environment and Natural Resources (DENR) Administrative Order
(A.O.) No. 2005-10.
Coverage
The law applies to
water quality management in all water bodies. It primarily applies to the
abatement and control of pollution from land-based sources. The water quality
standards and regulations and the civil liability and penal provisions under
the law shall be enforced irrespective of sources of pollution (Section 3). In
addition to
regulating pollution of water bodies, DENR shall formulate and
apply standards for the transport and disposal of effluent, sewage and septage
offsite, whether offshore or on land as well as disposal of individual
wastewater on land. The Department of Agriculture (DA) shall develop guidelines
for re-use of wastewater for irrigation purposes or as soil conditioner or
fertilizer (Rule 3.1).
Institutional mechanism
The Department of
Environment and Natural Resources (DENR), as the primary agency responsible for
the implementation of the CWA, shall take the lead in the preparation,
implementation, and enforcement of the following (Rule 19): National water
quality status report – this report shall identify (a) the location of water
bodies, their quality, taking into account seasonal, tidal and other
variations, existing and potential uses and sources of pollution per specific
pollutant and pollution load assessment; (b) water quality management areas,
and water classification (Rule 19.1). Integrated Water Quality Management
Framework (IWQMF) – this may contain, but not limited to the following: (a) assessment
of policies and institutional arrangements and capacities relevant to water
quality management including the strategy of devolution to LGUs; (b) management
strategies; (c) sustainable financing strategies; and (d) performance
monitoring (Rule 19.2).
Water Quality
Management Area (WQMA) Action Plan for each WQMA – includes, but not 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 (Rule 19.3)
Groundwater vulnerability mapping- the DENR through the Mines and Geosciences
Bureau (MGB) shall publish a national groundwater vulnerability map (rule
19.4), which 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 (Section 4 t). Water quality guidelines – these
shall reflect the latest scientific knowledge on the following matters: (a)
effects of pollutants on public health, biological diversity, aquatic life,
productivity and stability, including information on the factors affecting
rates of eutrophication and rates of organic and inorganic sedimentation for
varying types of waterways, bio-accumulation of chemicals; (b) concentration
and dispersal of pollutants including naturally occurring pollutants in highly
mineralized areas, through physical, chemical and biological processes;
pollution loading may also be used together with the concentration scheme; and
(c) beneficial uses of the receiving water body (Rule 19.5).
Effluent standards
– 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 (Section 4 n). Procedures for sampling
and analysis of pollutants – the DENR shall adopt alternative internationally
accepted test procedures for sampling and analysis of pollutants (Rule 19.7).
Accreditation system of laboratories – the DENR, in coordination with DOST,
DTI, DOH, and other concerned agencies, academe, professional associations, and
private sector, shall formulate, maintain, and manage a system of accreditation
for laboratories (Rule 19.8). Categories of point and
non-point sources – the
DENR shall issue and publish guidelines on the (a) identification and
evaluation of the nature and extent of non-point sources of pollution; and (b)
processes, procedures, and methods to control pollution resulting there from
(Rule 19.9). Point source means any identifiable source of pollution with
specific point of discharge into a particular water body (Section 4
aa).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 (section 4 z).
Classification of
groundwater sources – The Environmental Management Bureau (EMB) of DENR shall
coordinate with the NWRB and other relevant agencies in the classification of
groundwater sources. (Rule 19.10). Classification and re-classification of
water bodies – All water bodies shall be classified according to their
potential beneficial usage, taking into account, among, others, the following:
(a) existing quality of the body of water; (b) size, depth, surface area
covered, volume, direction, rate of flow and gradient stream; (c) most
beneficial existing and future use of said bodies of water and lands bordering
them, such as for residential, agricultural, aqua cultural, commercial,
industrial, navigational, recreational, wildlife conservation and aesthetic
purposes; and (d) vulnerability of surface and groundwater to contamination
from polluted and hazardous wastes, agricultural chemicals and underground
storage tanks of petroleum products (Rule 19.11)
Information and
dissemination campaigns – these cover 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 other government agencies (Section 19 n). On the other hand,
the Local Government Units (LGUs) are responsible in the management and
improvement of water quality within their territorial jurisdictions. 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 (Section 20): 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. Moreover, the DENR 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
(Section 21).
The Department and
its concerned attached agencies including the Laguna Lake Development Authority
(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 (Section 22): a) Philippine Coast Guard in coordination
with DA and the DENR shall enforce for the enforcement of water quality
standards in marine waters, set pursuant to this Act, specifically from
offshore sources; b) The Department of Public Works and Highways (DPWH) through
its attached agencies, such as the Metropolitan Waterworks and Sewerage System
(MWSS), Local Water Utilities Administration (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) the Department of Agriculture (DA), shall coordinate
with the DENR 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.
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) The
Department of Health (DOH) shall be primarily responsible for the promulgation,
revision and enforcement of drinking water quality standards; e) The Department
of Science and Technology (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) The 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. The DENR, 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 (Section 24). National water
quality management fund A National Water Quality Management Fund to be
administered by the DENR, in coordination with other concerned agencies, as a
special account in the
National Treasury, is established and to be used to
finance the following (Section 9): 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. In addition, the Area Water Quality Management
Fund is 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 (Section 10).
Water pollution permits and charges
A wastewater
charge system in all management areas will be implemented. Wastewater charges
shall be established taking into consideration the following (Section 13): 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 discharge permit, specifying, 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 shall be the legal
authorization from the DENR to discharge wastewater (Section 14).
Prohibited acts
The following acts
are hereby prohibited (Section 27): 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. 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. Fines,
damages and penalties
Fines, damages and
penalties to be filed by the DENR Secretary, upon the recommendation of the
Pollution Adjudication Board (PAB), include (Section 28): For any person
committing any of the prohibited acts or violating any of the provision of the
law or its IRR – not less than Ten thousand pesos (P10,000.00) nor more than
Two hundred thousand pesos (P200,000.00) for every day of violation (to be
increased by ten percent (10%) every two (2) years to compensate for inflation
and to maintain the deterrent function of such fines); 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. Failure to undertake clean-up operations,
willfully, or through gross negligence – imprisonment of not less than two (2)
years and not more than four (4) years and a fine not less than Fifty thousand
pesos (P50,000.00) and not more than One hundred thousand pesos (P100,000.00)
per day for each day of violation. Failure or refusal to undertake clean-up
operations which results in serious injury or loss of life and/or irreversible
water contamination of surface, ground, coastal and marine water – 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 (P500,000.00) per day for each day
during which the omission and/or contamination continues.
For gross
violation (includes: (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) – with a fine of not less than Five hundred thousand
pesos (P500,000.00) but not more than Three million pesos (P3,000,000.00} 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. For
violations falling under Section 4 of Presidential Decree No.979 – a fine of
not less than Fifty thousand pesos {P50,000.00) nor more than One million pesos
(P1,000,000.00) 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. 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.
Repealed and amended laws
The CWA repealed
Presidential Decree No.984 Providing for the Revision of Republic Act No.
3931, Commonly Known as the Pollution Control Law, and for Other Purposes,
signed on August 18, 1976. On the other hand, the following laws are amended
and modified accordingly: Republic Act No. 6969 – An Act to Control Toxic
Substances and Hazardous and Nuclear Wastes, Providing Penalties for Violations
Thereof, and for Other Purposes, signed on October 26, 1990 Republic Act No.
4850, as amended – An
Act Creating the Laguna Lake Development Authority,
Prescribing its Powers, Functions and Duties, Providing Funds Thereof, and for
Other Purposes” signed on 18 July 1966.
Presidential
Decree No. 1586 – Establishing an Environmental Impact Statement System,
Including Other Environmental Management Related Measures and for Other
Purposes signed on June 11, 1978. Presidential Decree No.1152 – Philippine
Environmental Code signed on June 6, 1977 Presidential Decree No.979 –
Providing for the Revision of Presidential Decree No. 600 Governing Marine
Pollution signed on August 18, 1976 Presidential Decree No.856 – Code On
Sanitation signed on December 23, 1975
Conclusion
The Philippines is
blessed with water resources, which have played a significant role in its
development. The CWA is one way to safeguard these water resources. It provides
sanctions for those who will pollute the water. The success of the CWA depends
on its implementation and on each individual’s effort to protect these water
resources.
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