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We will only know the worth of water when the well is dry. -Benjamin Franklin
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The Philippine Clean Water Act of 2004 and Administrative Order 34 and 35, Series of 1990
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The Philippine Clean Water Act of 2004 and DENR Administrative Order 34 and 35, Series of 1990

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I. Basic Description

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I. Basic description

The Philippine Clean Water Act of 2004 RA 9275

An act providing for a comprehensive water quality management and for other purposes
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I. Basic description

Effectivity
SECTION 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.
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I. Basic description

Promulgatio n:
RA 9275 was passed by the Senate and the House of Representatives on February 4, 2004 and approved on March 22, 2004.
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I. Basic description

Protect water bodies from

Commercial

pollution

establishments
v

Agriculture Household activities BACK

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I. Basic description

DENR Administrative Order 34, Series of 1990

Revised Water Usage and Classification / Water Quality Criteria

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I. Basic description DENR Administrative Order 34, Series of 1990

Section 68 defines classification of water bodies according to their best usage

Section 69 identifies the different parameters and criteria for water quality required for 9/27/12 each type of

BACK

I. Basic description

DENR Administrative Order 35, Series of 1990

Revised Effluent Regulations of 1990

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I. Basic description

DENR Administrative Order 35, Series of 1990

Prescribes the standards for discharge of effluents to the different classifications of water bodies
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I. Basic description

Promulgatio n:

DENR
Administrative

Order 34 and 35, Series of 1990 were promulgated on March 20, 1990 9/27/12

Objectives

a) To streamline processes and procedures in the prevention, control and abatement of pollution of the country's water resources;

b) To promote environmental strategies, use of appropriate economic instruments and of control mechanisms for the protection of water resources; 9/27/12

Objectives

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;
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Objectives

d) To formulate an integrated water quality management framework through proper delegation and effective coordination of functions and activities; e) promote commercial and industrial processes and products that are environment friendly and energy efficient;
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Objectives

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 9/27/12

g) To provide for a comprehensive management program for water pollution focusing on pollution prevention;

Objectives

h) To promote public information and education and to encourage the participation of an informed and active public in water quality management and monitoring;
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Objectives

i) To formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity; and

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Objectives

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 BACK at the local and national levels. 9/27/12

II. Major Provisions and Interrelations

Water Quality Management Area in coordination with National Water The DENR
Resource Board (NWRB) will designate areas as water quality management areas.

This area will be governed by a governing board chaired by the Department representative. Each of these management areas will create a multi-sectoral group to establish and affect water quality surveillance and monitoring network including sampling schedules and other similar activities. shall submit its report and The group

recommendation to the chairman of the governing board. 9/27/12

Management of Non-attainment Areas

The Department shall designate water bodies or portions of it where specific pollutants from either natural or man-made source have already exceeded water quality guidelines as nonattainment areas for the exceeded pollutants.

II. Major Provisions and Interrelations

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Management of Non-attainment Areas

II. Major Provisions and Interrelations

It shall prepare and implement a program that will not allow new sources of exceeded water pollutant in nonattainment 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 9/27/12 ecological protection.

Management of Non-attainment Areas Department shall designate The water bodies or portions of it where specific pollutants from either natural or man-made source have already exceeded water quality guidelines as nonattainment areas for the exceeded pollutants.
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II. Major Provisions and Interrelations

II. Major Provisions and Interrelations

National Sewerage and Septage Management Program

The Department of Public Works and Highways (DPWH) with the help of other agencies and in coordination with the Department, local government units (LGUs) will prepare a national program on sewerage and septage management in 9/27/12

Taipao, Sulu

II. Major Provisions and Interrelations

Domestic Sewage Collection, Treatment and Disposal

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 in Metro Manila and other highly urbanized cities (HUCs) will be connected to available sewerage system. This job will be assigned to the agency responsible for providing water supply and sewerage facilities and/or concessionaires.

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II. Major Provisions and Interrelations

Wastewater Charge System

Under RA 9275 the Department implements a wastewater charge system in all management areas including the Laguna Lake Region and Regional Industrial Centers through the collection of wastewater charges/fees. The system shall be established on the basis of payment to the government for discharging wastewater into the water bodies. The fee shall be based on the net waste load depending on the wastewater, charge formula which shall be established 9/27/12 with due public consultation.

II. Major Provisions and Interrelations

Discharge Permits
Under the Clean Water Act owners or operators of facilities that discharge regulated effluents pursuant to this Act are required to secure a permit to discharge from DENR. 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.
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II. Major Provisions and Interrelations

FINANCIAL LIABILITY Financial Liability for Environmental MECHANISM Rehabilitation

Under this act, DENR requires the program and project proponent to include 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.

This fund 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 program's or project's actual implementation. 9/27/12

II. Major Provisions and Interrelations

FINANCIAL LIABILITY Financial Liability for Environmental MECHANISM Rehabilitation

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 DENR.
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II. Major Provisions and Interrelations

The Department shall hold any person, who causes pollution in or pollutes water bodies in excess of the applicable and prevailing standards, 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 who causes pollution in or pollutes water bodies in excess of the applicable and prevailing standards shall: 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 9/27/12

FINANCIAL LIABILITY Clean-Up MECHANISM Operations.

II. Major Provisions and Interrelations

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 9/27/12

FINANCIAL LIABILITY Clean-Up MECHANISM Operations.

II. Major Provisions and Interrelations

Programmatic Environmental Impact Assessment Under this Act programmatic compliance with the 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 colocated in an area such as an industrial estate, an export processing zone, or a 9/27/12

environmental impact assessment system will be implemented by DENR where

a)

b)

II. Major Provisions and Interrelations

Section 68 of the said AO entitled Water Usage and Classification says that the Section Philippine waters shall be quality of 69 entitled Water Quality Criteria provides minimum and satisfactory maintained in a safe Criteria for Surface Waters and Water Quality usages. condition according to their bestCriteria for Fresh Waters. With the help of the are Classifications for beneficial usage criteria provided by the AO, provided in the section. Non-attainment areas can be designated. Also multi-sectoral groups in each water quality management area can refer to the criteria in assessing 9/27/12 quality of water in their reports. the

DENR Administrative Order 34

II. Major Provisions and Interrelations

Programmatic Environmental Impact Assessment Under this Act programmatic compliance with the 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 colocated in an area such as an industrial estate, an export processing zone, or a 9/27/12

environmental impact assessment system will be implemented by DENR where

a)

b)

II. Major Provisions and Interrelations

DENR Administrative Order 35 Section 4 is entitled Heavy

Metals and toxic substances. Effluents being discharged in the bodies of water should not contain toxic substance in levels greater than those indicated in the table. 9/27/12

TABLE 1 - Effluent Standards: Toxic and Other Protected Protected Inland Marine Deleterious Substance Waters Waters Waters Waters

Parameter Uni Category I Category II Class C t (Class AA & (Class A,B & SA) SB) OEI NPI OEI NPI OEI NPI OEI NPI

Marine Waters

OEI

NPI

Arsenic Cadmium Chromium (hexavalent) Cyanide Lead Mercury (Tot.) PCB 9/27/12

mg /L mg /L mg /L mg /L mg /L mg /L mg

b b b b b b b

b b b b b b b

0.2

0.1

0.5 0.2 1.0

0.5 0.1 0.2 0.2 0.5

1.0 0.5 1.0 -

0.5 0.2 0.5 -

0.05 0.02 0.1 0.05 0.2 0.1 0.2 0.2 0.05 0.2 0.1 0.5 0.1 0.1 0.3 0.2 0.5 0.5 0.3 1.0

0.0050.005 0.00 0.00 0.00 0.00 0.05 0.01 5 5 5 5 0.0030.003 0.00 0.00 0.00 0.00 -

This can be a basis of the issuance of discharge permits indicated in RA 9275 where in the quality and quantity of effluents allowed to be discharged is specified.
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II. Major Provisions and Interrelations

DENR Administrative Order 35 Section 6 is

entitledEffluent Standards for BOD for Strong Industrial Wastes. This section provides interim standards for old or existing industries that can be seen in the table below. 9/27/12

Maximum Allowable Limits in mg/L, according to Time Period and Receiving Body of Water Effectivity date - Dec. Jan. 1, 1992-Dec. 31, TABLEIndustry Classification Standards for BOD Applicable to Old or 3A - Interim Effluent 31, 1991 1994 Existing Industries Producing Based on BOD of Raw Inland Waters Coastal Inland Waters Coastal Strong WastewatersWastes, (1990-1994) Industrial Produced Waters Waters NOTE:* (Class C & ( & SD) (Class C & ( & SD) 1.Useeitherthenumericallimitorpercentageremovalwhicheverislower D) D) (orwhicheverismorestrict). 2.StartingJanuary1,1995,theapplicableeffluentrequirementsforoldor existingindustriesareindicatedinTable3B. 3.ForparametersotherthanBOD,Table2AandTable2Bbothunder Section5shallapply. 1. Industries producing 320 650 200 320 BOD within 3,000 to 10,000 mg/L 2. Industries producing BOD within 10,000 to 30,000 mg/L 3. Industries producing more than or 30,000 9/27/12 mg/L or 95% removal 1,000 or 95% removal 1,500 or 95% or 90% removal 2,000 or 90% removal 3,000 or 90% or 97% removal 600 or 97% removal 900 or 97% or 95% removal 1,000 or 95% removal 1,500 or 95%

Industry Classification Maximum Allowable Limits in mg/L TABLE 3B - of Raw Based on BOD Effluent Standards for Receiving Body of Water Based on New* Industries Producing Wastewater Strong Wastes upon Effectivity of these Inland Waters Coastal Waters Regulations, and for All Industries Producing Strong Wastes starting January 1, (Class C & D) 1995. ( & SD) 1. Industries producing 130 or 98% removal 200 or 97% within 3,000 to 10,000 mg removal BOD/L 2. Industries producing 200 or 99% removal 600 or 97% AsidefromthisAO35hassetsomerequirements within 10,000 to 30,000 mg removal formixingzones,prohibitionsandotheradditional BOD/L

requirementsthatshouldbefollowed

3. Industries producing more 300 or 99% removal 900 or 97% than 30,000 mg BOD/L removal

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The DENR is the primary government agency responsible for the implementation and enforcement of this Act, with the support of other government organizations, local government units, non -government organizations and the 9/27/12 private sector

Implementing and Enforcement Agencies

Implementing and Enforcement Agencies a. will review and set affluent standards, b. review and enforce water quality guidelines, c. classify groundwater sources and prepare a national groundwater vulnerability map, d. classify or reclassify water bodies, establish internationally accepted procedures for sampling and analysis, e. prepare an integrated water quality management framework 9/27/12

DENR

Implementing and Enforcement Agencies

The

Philippine Coast Guard

shall enforce water quality standards in marine waters, specifically from 9/27/12 offshore sources.

Mangrove Protection and Rehabilitation Project by the Philippine Coast Guard Auxiliary (PCGA) Squadron

Implementing and Enforcement Agencies

The Department of Public Works and Highways

through its attached agencies shall provide sewerage and sanitation facilities, and the efficient and safe collection, treatment and 9/27/12

Implementing and Enforcement Agencies

The Department of Agriculture

shall

formulate 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.
Reclaimed Recycled wastewater to be used for plant purposes and neighborhood irrigation

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Implementing and Enforcement Agencies

The Department of Health shall set, revise and enforce drinking water quality standards.
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Implementing and Enforcement Agencies

The Department of Science and Technology

shall evaluate, verify, develop and disseminate pollution prevention and 9/27/12 cleaner production

Implementing and Enforcement Agencies The following shall prepare and implement a comprehensive and continuing public education and information program:

The Department of Education

Commission on Higher Education Department of Interior and Local Government Philippine Information Agency
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BACK

III. Summary appraisal and synthesis

Why the need for the Clean Water Act?

1996: Only 51% of the classified rivers still met the standards for their most beneficial use. The rest were already polluted from domestic, industrial and 9/27/12

III. Summary appraisal and synthesis

Why the need for the Clean Water Act?

Studies show that domestic wastewater is the principal cause of organic pollution (48%) of our water bodies. Yet, only 3% of investments in water supply and sanitation were going to sanitation and sewage treatment. 9/27/12

III. Summary appraisal and synthesis

A recent World Bank report pointed out that Metro Manila was second to the lowest in sewer connections among major cities in Asia

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III. Summary appraisal and synthesis

31%

of all illnesses in the country are attributed to polluted waters.

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III. Summary appraisal and synthesis

Clearly, to ensure access to clean water for all Filipinos, it was imperative that government put together a comprehensive strategy to protect water 9/27/12

following: Discharging or depositing any water pollutant to the water body, or such which will impede natural flow in the water body Discharging, injecting or allowing to enter into the soil, anything that would pollute groundwater

Highlights of the Among others, the Act prohibits the Clean Water Act

III. Summary appraisal and synthesis

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Operating facilities that discharge regulated water pollutants without the valid required permits

III. Summary appraisal and synthesis

Disposal of potentially infectious medical waste into sea by vessels Unauthorized transport or dumping into waters of sewage sludge or solid waste. Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Toxic Chemicals, Hazardous and Nuclear Wastes Control Act (Republic.Act No. 6969)
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III. Summary appraisal and synthesis Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act Noncompliance of the LGU with the Water Quality Framework and Management Area Action Plan Refusal to allow entry, inspection and monitoring as well as access to reports and records by the DENR in accordance with this Act Refusal or failure to submit reports and/or designate pollution control officers whenever required by the DENR in accordance with this Act
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III. Summary appraisal and synthesis The following are among the fines and penalties for violators of this Act and its IRR:

Upon the recommendation of the Pollution Adjudication Board (PAB), anyone who commits prohibited acts such as discharging untreated wastewater into any water body will be fined for every day of violation, the amount of not less than Php 10,000 but not more than Php 200,000. Failure to undertake clean-up operations

willfully shall be punished by imprisonment of not less than two years and not more than four years. This also includes a fine of not less than Php 50,000 and not more than Php 9/27/12 100,000 per day of violation.

III. Summary appraisal and synthesis Failure or refusal to clean up which results in serious injury or loss of life or lead to irreversible water contamination of surface, ground, coastal and marine water shall be punished with imprisonment of not less than 6 years and 1 day and not more than 12 years and a fine of Php 500,000/day for each day the contamination or omission continues.

In cases of gross violation, a fine of not less than Php 500,000 but not more than Php 3,000,000 will be imposed for each day of violation. Criminal charges may also be filed.
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V. Referen http://www.lawphil.net/statutes/repacts/ra2004/r ces a_9275_2004.html http://www.emb.gov.ph/news/20070327/IntroDAGuidelines-EMBwebsite.pdf environment.peza.gov.ph/getfile.php?fileid=78 http://www.emb.gov.ph/laws/general %20environment/dao2003-26.pdf http://www.google.com.ph/search? hl=tl&q=DENR+Administrative+Order+34+and+3 5%2C+Series+of+1990&btnG=Maghanap&meta 9/27/12

DELA CRUZ, MARK ANTHONY LABINGHISA, RUBY DELA ROSA, DANICA

THANK YOU!!
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