1. Clean Water Act (RA 9275) and Its Implementing Rules and Regulations
Nicanor E. Mendoza
Environmental Management Bureau

2. Philippine Clean Water Act
Philippine Clean Water Act (RA 9275) was enacted on March , 2004 and published on April 21 ,2004 and subsequently took effect on May 6, 2004
Implementing Rules and Regulations of the PCWA of 2004 was approved the Secretary on May 16, 2005 and published last May 26, 2005 under DAO series of 2005 (Manila Times and Manila Standard Today)

3. Water Quality Mgt. Action Plan (WQMAP)
CONCEPTUAL FRAMEWORK
NAA
Natl. Septage/Sewerage Mgt.
Classification/ Reclassification
Groundwater Vulnerability Mapping
WQ Guidelines
Effluent Standards
Categorization of Industry
Wastewater Charge System
Discharge Permits
Financial Liability
Programmatic EIA
Incentives
Prohibitions/Sanctions/Actions
Integ. Water Quality Improv’t. Framework
Water Quality Mgt. Action Plan (WQMAP)
WQMAP
WQMAP
households
Industries
Other Non-Pt. Sources

4. Declaration Of Policies
SD Framework
Holistic National Program
Integrated WQ Framework thru proper delegation, effective coordination of functions
Self regulation among industries thru MBIs
Focus on pollution prevention
System of accountability of adverse environmental impacts
Streamline procedures and processes

5. Rule 2 Interpretation of the Declaration of Policy
The Policy Statements in Section 2 of the CWA shall be interpreted collectively, and all regulations issued pursuant to the CWA and decisions over disputes in specific cases shall be implemented or made with due considerations of this policy.

6. Declaration of Policy
Issues and cases shall be resolved in a fair and objective manner.The CWA and these rules shall be construed liberally in favor of protecting the quality of water resources and public health.

7. Coverage of the Act
All water bodies (natural and man-made) bodies of fresh, brackish, and saline waters, and includes but not limited to aquifers, groundwater, springs, creeks, streams, rivers, ponds, lagoons, water reservoirs, lakes, bays, estuarine, coastal and marine waters
Primarily applies to abatement and control of pollution from land-based sources

8. Rule 3 Applicability of the CWA to marine and pollution and disposal of effluents on land
Rule 3.1 Applicability of Standards. In addition to regulating pollution of water bodies,the DNR shall formulates and apply standards for the transport and disposal of effluent,sewage and septage offsite, whether offshore or on land as well as disposal of industrial wastewater on land.
The DA shall develop guidelines for re-use of wastewater for irrigation purposes or as soil conditioner or fertilizer,provided that the discharge of effluents on land shall comply with conditions (Rule 14.6)

9. Water Quality Management (WQM) Area
Composed of LGUs w/ similar geographic, meteorological, conditions, etc.; OR
LGUs w/ common interest or development programs, projects, or problems
Governed by Governing Board (composed of LGUs, NGAs, civil society, water/utility & business sector)w/ Technical Secretariat
Laguna Lake under LLDA as one WQMA

10. Rule 5 Designations and Management of Water Quality Managements Areas
Rule 5.1 Procedure for Designations of WQMA
The Regional Offices of the Department shall initiate the process of designations by evaluating information using criteria to be developed by the Department.

11. 5.1.2 Other Considerations for Designations
The Department shall also consider practical manageable size, integrated development or management plans, inter-LGU working relationships and existence of similar management areas or bodies in the designations of the WQMA

12. 5.1.3 Requirements for the Proposal.
The Proposal for WQMA designations shall include a map of the area,technical description/justification and management rationale including major threats of water quality

13. Water Quality Management (WQM) Area
GB – Formulate strategies to coordinate policies for implementing CWA.
GB – Monitor the action
Each WQMA will have its own multi-sectoral group to establish and conduct WQ surveillance & monitoring network. The group shall report to GB.
Technical support by Secretariat, composed of experienced 1 lawyer; 1 Geol/Biol; 1 C.E./Hydrologist; and 1 Chem /Chem. Engr. /San.Engr.

14. Rule 5.3 Membership of the Governing Board
Rule Appointment of representatives
National Agencies and Local government units shall appoint their permanent and alternate members to the Board,
Non Government Members
Civil Society,Water utility and private business sectors

15. Rule 6 Non –Attainment Areas
Rule 6.1 General
6.1.1Designations of Non-Attainment Areas. – Within 6 months from the effectivity of this IRR,the DENR ,in coordination with the local governments concerned,shall designate and delineate as non-attainment areas water bodies or portions thereof where specific pollutansts from either natural or man-made sources have already exceeded water quality guidelines issued pursuant to this Act

16. National Sewerage & Septage Management Program
A priority listing of sewerage, septage and combined systems/project for LGUs based on relevant considerations for the protection of water quality
LGUs may enter into BOT or joint venture agreement w/ private sector for constructing, rehabilitating and/or operation of such facilities
Each LGU shall appropriate land, including right-of-way/ road access for construction of sewage and septage treatment facilities.

17. Rule 7 National Sewerage and Septage Management Program (NSSMP)
The DPWH shall,within twelve months from the effectivity of the CWA, prepare a National Sewerage and Septage Program(NSSMP)
NSSMP shall be a framework plan which will be formulated to address various national issues on:
Sanitation and Treatment and Disposal of Wastewater (focusing on objectives, strategies,targets, etc)

18. Rule Role of DENR
The DENR shall coordinate with DPWH san LGU’s in complying with Sec.7 of the CWA,contributing specific environmental Criteria and data for the prioritization of sanitation, sewerage, septage management and combination of different systems and projects.

19. Domestic Sewage Collection, Treatment & Disposal
W/in 5 years
Subdivisions, condominiums, malls, hotels, public buildings, etc. in highly urbanized cities (HUCs) shall connect their sewage lines to available systems or utilize their own sewerage system
For non-HUCs, septage or combined sewerage-septage management systems to be employed
Said connection subject to service charges/fees
DOH to prepare appropriate guidelines

20. Rule 8 Domestic Sewage Management
R8.1 Sewerage and Sanitation projects - shall be guided by DOH but for reuse for agricultural purposes DA and DENR
R8.2 Pre-Treatment Standards for Existing Sources and /or Pre-treatment Standards for New Sources
R8.3 Mandatory Connections to Existing Sewerage Lines. The DPWH shall coordinate with the waters service providers and concessionaires in Metro Manila and HUC’s in preparing a compliance plan for mandatory connection

21. To finance containment, clean-up operations,
NATIONAL
WATER QUALITY MGT. FUND
Fines
Donations,
Endowments,
Grants
Proceeds
of Permits
Purpose:
To finance containment, clean-up operations,
restoration & rehabilitation of affected areas
Support research, enforcement, monitoring
Provide technical assistance, info, rewards & incentives

22. National Water Quality Management Fund
Established as a Special Account in the National & Administered by DENR
Sourced from PAB fines; Permit fees; donations, endowments, grants . Donations exempt from donor’s taxes and all other taxes & deductible from gross income of donor
Used for:
Containment and clean-up operations
Guarantee rehab of affected areas
Support research, enforcement and monitoring activities
Technical assistance
Rewards and incentives
Support IEC & Others

23. Funding… Purpose: To maintain, upkeep water bodies
AREA
WATER QUALITY MGT. FUND
Fines before
CWA(rural areas)
Donations,
Endowments,
Grants
Wastewater
Discharge fees
Purpose:
To maintain, upkeep water bodies
To finance wastewater facilities (establish & repair)_
Operational expenses of GB (10%)
Provide technical assistance, info, rewards & incentives

24. Wastewater Charge System
Established on the basis of payment to government for discharging wastewater into the water bodies
Based on net waste load (diff. Of initial load of abstracted water to waste load of discharged effluent), following formula (to be determined thru consultation)
Complying industries to be charged minimal reasonable amount (to be determined after due consultation, considering volumetric rate of discharge and effluent concentration)

25. Attributes strong economic inducement
cost of administering water quality management or improvement programs
damages caused by water pollution on the surrounding environment
Type of pollutant
Water body classification

26. Waste Water Charge System
Established on the basis of payment to the government for discharging waste water into the water bodies.

27. Wastewater Charge System
The Wastewater Discharge Fee Formula
WDF = Ln x R

28. Where:R is the rate per kilogram (PhP/kg) which is initially fixed at P5.00 per kilogram for priority pollutant parameter(e.g. BOD or TSS )

29. Ln refers to the net waste load (kg/year), computed further as follows:
 Ln (BOD5/TSS)= [( Cf – Ca ) (Qf x Nf )] x 0.001
Where: Cf is the average daily effluent concentration limit (mg/l) for priority pollutant parameter (BOD or TSS); Qf is the average daily volumetric flow rate measurement or final discharge effluent (m3/day) and Nf is the total number of discharge days in a year (days/ year). Ca is the average water quality concentration limit for priority pollutant parameter (BOD or TSS) of abstracted or intake water (mg/l).

30. R 13.2 Fees for Discharge of Effluent for Agricultural purposes
Shall be assessed Permit Only,provided that the wastewater shall not drain into any water bodies.
Once the standards have been developed, WD Fee shall be applied

31. Wastewater Charge System
Expansion of Coverage
Wastewater Recycled with Zero Discharge
Wastewater Charges in ECOZONE
Sewerage Treatment Plant
Fees Collected from LLDA Area

32. Discharge Permits
Legal authorization to discharge wastewater , as granted by DENR

33. Discharge Permits
For : owners/operators of facilities that discharge regulated water pollutants
Required Permit Info, among others:
quantity and quality of effluent
compliance schedule
monitoring requirement

34. …Permits
Industries w/o permit, 12 months after IRR effectivity to secure permit
Effluent trading - allowed per WQMA

35. Discharge Permits
R14.1 Who May Apply for a Wastewater Discharge Permit – Any person that shall discharge in any manner wastewater into Philippine waters and/or land shall secure a wastewater discharge permit from the Regional Office of the Bureau.

36. Discharge Permits
Requirements for the Approval and Issuance of a Wastewater Discharge Permit for Discharge of Effluents for Agricultural Purposes:

37. Discharge Permit Posting of Permit Transfer of Permits
Plant Operational Problems
Self-Monitoring Reports
Procurement of Effluent Quota Allocation
Pollution sources connected to sewerage systems
Effluent Trading

38. Programmatic EIA & Financial Liability for Environmental Rehabilitation
Programmatic compliance to the EIA system for a series of similar or cluster projects
May require EGF as part of Environmental Management Plan pursuant to PD 1586 – EIA in the issuance of the Environmental Compliance Certificate (ECC)

39. Clean Up Operations
Any person who pollutes in excess of applicable and prevailing standards shall be responsible to contain, remove, and clean-up any pollution incident at his own expense
The DENR in collaboration with other agencies shall do the same in case of emergency(ies). Expenses incurred shall be reimbursed by guilty persons or parties.

40. Rule 16 Clean-up Operations
Whenever the DENR discovers any act or omission that has caused pollution of a water body,the Department shall issue an order for the perpetrator of the act or omission to contain,remove or clean-up the pollution at his own expense.

41. Role of LGUs
Be responsible for WQ within their jurisdictions; As such, LGUS shall prepare a compliance scheme subject to review & approval of the GB;
Through their ENROs, LGUs shall
Monitor WQ
Emergency response
Compliance within framework of the WQMA Action Plan
Actively participate in all WQM activities
Coordinate with All sectors to implement WQM

42. R20 Role of LGU’s
The Department shall provide assistance to local government units in the performance

43. Rewards & Incentives
Rewards - For individuals, private organizations, civil society with outstanding and innovative WQM projects, activities, processes
Incentives – For LGUS, water districts, enterprises, or private entities and individuals that develop effective WQM or actively participate in WQM
Non-fiscal: Inclusion in Investment Priority Plan (IPP);

44. A. Rewards
For: outstanding and innovative projects, technologies, processes and techniques in water quality management

45. B. Incentive scheme GENERAL
Inclusion in the Investment Priority Plan and Application of fiscal & non-fiscal incentives
WWT
Cleaner production
Waste minimization tech

46. C. Incentive scheme – FISCAL 1
C. Incentive scheme – FISCAL 1. Tax & duty exemption on imported capital equipment.
w/in 10 yrs. from effectivity of the Act
Equipment:
For ind’l wastewater treatment/collection
Not manufactured domestically (quantity, quality, price)
Necessary & actual/direct/exclusive use
Endorsement of DENR

47. C. Incentive… - FISCAL
3. Tax & duty exemption for donations, legacies and gifts.

48. D. Incentive Scheme – NON-FISCAL
Financial Assistance Program
Govt. financial institutions – shall accord HIGH PRIORITY to extend financial services…
2. Extension of Grants to LGUs
…engaging in establishment or operation of sewerage facilities…for technical capabilities

49. Prohibited Acts
Depositing material of any kind which could cause water pollution
Discharging, injecting or allowing to seep into the earth any substance that would pollute groundwater
Operating facilities that discharge regulated water pollutants without the valid required permits

50. Prohibited Acts
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

51. Prohibited Acts
Refusal to allow entry,inspection and monitoring by the Department in accordance with this Act
Refusal to allow access by the Department to relevant reports and records in accordance with this Act

52. Prohibited Acts
Refusal or failure to submit reports whenever required by the Department
Refusal or failure to designate pollution control officers whenever required by theb Department

53. Prohibited Acts Non-compliance of LGU with the WQM Action Plan
Direct use of booster pumps in the distribution system or tampering with the water supply

54. Fines, Damages and Penalties
Fines of 10,000 – 200,000 PhP for every day of violation; upon PAB recommendation (rates to be increased 10% every 2 years);
Closure, suspension of development or construction or cessation of operations, upon PAB recommendation;
2 to 4 yr imprisonment for failure to clean up & 50,000 – 100,000 for every day of violation;

55. Fines, Damages and Penalties
6 to 12 yrs imprisonment & 500,000 PhP for every day of violation for such refusal resulting in serious injury or death and/or irreversible contamination;

56. Gross Violation - Imprisonment - 6 to 10 years
- Fine P 0.5-3M / day
+ Criminal Charge
deliberate discharge of pollutants per RA 6969
5 or more violations of any of the prohibited acts within 2 years
blatant disregard of PAB order

57. Admin sanctions for non-compliance to WQMA Action Plan
For local government officials tha fail to comply with the WQMA Action plan6 to 12 yrs imprisonment & 500,000 PhP for every day of violation for such refusal resulting in serious injury or death and/or irreversible contamination;
6 to 10 yrs imprisonment, plus 500,000 – 3M PhP for each day of violation, plus criminal charges

58. Congressional Oversight Committee
LGUs
H20
Congressional Oversight Committee
Tech.Sec
INSTITUTIONAL LINKAGES
PCG
LLDA
DOH
DPWH
DENR
WQMA Board
Civil Society

59. Other CWA Activities & Outputs

60. National Water Quality Status Report
Prepared by DENR, NWRB, etc.
w/in 24 mos.
Report shall identify:
Location & existing uses of water
bodies
 Water quality & pollution sources
 Groundwater vulnerability maps
 WQ Management Areas (WQMAs)
 Water classification

61. Integrated WQM Framework
Within 12 months after WQ status report
Official Blueprint of Government Agencies
 WQ goals and targets
 Period of compliance
 Water pollution control
technologies
 IEC campaign
 Human resources development

62. 10 – yr WQM Area Action Plan
Goals & targets
Schedule of LGU compliance
Water pollution control strategies or techniques
Public IEC
Resource requirements & possible sources
Enforcement procedures of the plan
Rewards & incentives
(w/in 12 months after WQM framework

63. National Groundwater Vulnerability Mapping
W/in 24 mos. After act effectivity
1:250,000 map series, showing degrees of groundwater vulnerability to contamination
For highly urbanized cities and remaining parts, esp. environmentally critical projects
Based on hyrdogeological and , soil and rock properties, topography, etc.

64. Inter Agency Technical Assistance Committee
To evaluate and endorse appropriate water pollution control technologies;
To develop an environmental technology verification program;
To promote the development of clean technologies (CT) / clean production (CP) programs
Headed by DOST

65. Test Procedures for Sampling & Analysis of Pollutants
Within 12 months to establish/adopt internationally accepted procedures;
Strengthening the accreditation of environmental laboratories & new testing procedures;

66. Categorization of point- and non-point source3s of water pollution
Within 18 months

67. Classification of groundwater sources
Within 12 months

68. Classification / Re-classification of Philippine Waters
Includes all water bodies - surface (freshwater, coastal and marine) and groundwater
Based on beneficial usages
Review/re-classification w/in 5 years after IRR effectivity and every 10 years thereafter

69. Water Quality Guidelines
Review/revise and publish WQ guidelines – reflecting knowledge on:
 effects of pollutants
 Concentration & dispersion of pollutants
 Beneficial uses of RWB
 Best available / practicable technology for prevention, abatement of pollution
Within 12 months from effectivity of Act
Review/revise every 5 years

70. Effluent Standards Review/revise and publish Standards (every 5 yrs)
Adopts DAO 34 & 35 as interim standards Grace period (moratorium on Cease and Desist &/or Closure Orders) for max. 5 years from Act effectivity – for existing industries, which would require significant retooling; EMS establishment; installation of APDs; clean production facilities & processes
No Grace period / moratorium in cases of serious and grave threat to environment

71. Programmatic EIA for the ff:
Series of similar development projects/sub-projects/phases situated in a contiguous or geographically dispersed area; such as industrial estate, export processing zone, or development zone in a land use plan
Guided by carrying capacity assessment from ecological profiles
Allocation of effluent quotas w/in jurisdiction of WQMAs & regional industrial centers established under PEZA Law (or RA 7916)

72. General Implications
The Discharger /Establishment should operationalize source reduction control program such as pollution prevention , waste minimization , clean technology or any other similar program whose objective is to reduce , control or prevent discharge of pollutants .

73. High Cost for operation both to the regulatory agency as well as to the regulated community .
The coverage of the ACT is expanded to point and non-point sources, industrial and commercial waste waters

74. High risks (Prohibited Acts and Gross Violations)
Fines, Penalties and Violations are huge

75. SME’s may apply the Environmental Management System
Additional recognition of laboratories

76. Commercial establishments must tap or connect their liquid waste to the existing sewerage lines within one year or install their respective WTP
Very Tedious Monitoring Requirements ( Land Application)

77. More Frequent and voluminous reporting and submission of requirements
More Frequent Field and Lab Monitoring
Report Submission will be very difficult for SME’s

78. Strict Permit Conditions, monitoring requirements
More Pollution Complaints (surface waters, groundwater , soil and crops
SME’s and other new establishments may transport their Effluent to recognized treater because of the high charges , requirements or responsibilities

79. Thank You for Your Attention