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Philippine Clean Water Act

Implementing Rules and


Regulations
(RA 9275)

Nicanor E. M endoza
Environm ental M anagem ent Bureau
Outline
• CWA Framework
• Coverage of the Act
• Water Quality Management Area Designation
• National Sewerage and Septage Mngt Program
• Wastewater Charge System
• The Model
• Discharge Permits
• Requirements
• Prohibited Acts

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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 2005-10
series of 2005 (Manila Times and Manila
Standard Today)
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CONCEPTUAL FRAMEWORK
Integrated Water Quality
Improvement . Framework  NAA
 Natl. Septage/Sewerage Mgt.
 Classification/ Reclassification
 Groundwater Vulnerability
Water Quality WQMAP WQMAP Mapping
Mgt. Action  WQ Guidelines
Effluent Standards
Plan 
 Categorization of Industry
(WQMAP)  Wastewater Charge System
 Discharge Permits
 Financial Liability
Compliance Plan  Programmatic EIA
 Incentives
 Prohibitions/Sanctions/Actions

Other Non-
Households Industries Pt. Sources
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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
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sources
Water Quality Management Area

• The DENR, in coordination with NWRB ,


shall designate certain areas as water
quality management areas using
appropriate physiographic units such as
watershed, river basins or water resources
regions.

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• WQMA shall be governed by a GB
composed of reps. of mayors & governors
of members of LGUs and reps of relevant
government agencies, NGOs, water utility
sector and business sector.

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Sec 6 Management of Non-
Attainment Areas
• The DENR shall designate water bodies, or
portion 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

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• Par. 3 … The LGU shall prepare a
contingency plans & other measures
including relocation, whenever necessary
for the protection of health and welfare of
the residents within potentially affected
areas.

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Sec. 7 National Sewerage &
Septage Management
• The DPWH , through its relevant attached
agencies, in coordination with the the
DENR, LGU’s and other concerned national
sewerage and septage agencies,shall ,as
soon as possible ,but in no case
exceeding a period of 12 months from the
effectivity of this Act, prepare a
management (completed)

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• Each LGU shall appropriate the necessary
land,including the required right-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 the
necessary expenses for the operation and
maintenance of sewage treatment or
septage facility servicing in their area of
jurisdiction through local property taxes
and enforcement of a service fee system

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Sewage
(household
wastewater)

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Sanitation
• refers to the hygienic
and proper
management,
collection, disposal or
reuse of human
excreta (feces and
urine) and community
liquid wastes to
safeguard the health of
individuals and
communities.

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Septage
• sludge from septic tank
or from any individual
on-site wastewater
disposal system

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Sewerage
• Entire system of sewage
or wastewater collection
(sewer), treatment and
disposal

Types:
-Separate
sewerage system
-Sewage only
-Combined
sewerage system
-Sewage +
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rainwater
Existing sanitation chain map in the Philippines

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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),
→Complying industries to be charged minimal
reasonable amount

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Wastewater Charge System

• The Wastewater Discharge Fee


Formula
WDF = Ln x R

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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)

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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).

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Sample Computation for WWC:
Cf = 50 mg/l (Ave. effluent concentration)
Ca = 1 mg/l (Ave. water qua.conc.)
Qf = 100 m3/d (Ave. wastewater volume
discharged)
Nf = 200 days

WDF = (50-1) (100) (200)(.001) (P5)

WDF = P 4,900/YR.

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• Sample Computation for WWC:
• Cf = 100 mg/l (Ave. effluent
concentration)
• Ca = 10 mg/l (Ave. water qua.conc.)
• Qf = 100 m3/d (Ave. wastewater volume
discharged)
• Nf = 200 days
• LN = (100-10) (100) (200)(.001) (P5)
WDF = PHP 9,000

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Definition of Terms

• Discharge Includes but is not limited


to,the act of spilling,leaking,pumping,
pouring,emitting,emptying,releasing or
dumping of any materials into a water
body or onto land from which it might flow
or drain into the said water.

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Effluent

• Means discharges from known source,


which passed into a body of water or
land,or wastewater flowing out of a
manufacturing plant, industrial plant
including domestic , commercial, and
recreational facilities.

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Establishment

• Refers to a recognizable economic unit


under a single ownership or control
,i.e.under a single legal entity ,which
engages in one or predominantly one kind
of economic activity at a single physical
location. This includes industrial,
commercial, and institutional
establishments.

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Discharge Permits

→Legal authorization to
discharge wastewater , as
granted by DENR

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Discharge Permits

• For : owners/operators of facilities that


discharge regulated water pollutants
• Required Permit Info, among others:
1. quantity and quality of effluent
2. compliance schedule
3. monitoring requirement

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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.

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R14.2Requirements for First Time
Application
Engineer’s Report prepared by a registered
chemical engineer, sanitary engineer or
pollution control officer containing the ff:
• a) Vicinity map identifying the street
address , location or plant premises
• b) The nature of project or business
• c) Production capacity,quantity or volume
of and the generic name (s) of products

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• d) the nature & character of the
applicant’s waste water and its physical
and chemical composition;
• e) total daily volume of discharge of raw
waste water;
• f) treatment process and its treatment
efficiency;
• g) the total daily volume of of water
consumption and discharge of final treated
waste water or effluent;

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• h) the name of receiving body of water
and its official water classification and in
case of land discharge, the nearest
receiving body of water and its official
water classification;
• i) information on flow measurement
equipment and procedure;
• j) Pollution prevention/Environmental
Management System;
• k) DENR ID Number as hazardous wastes
generator

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• l) Statement of the cost incurred in the
installations and maintenance of waste
water treatment facility ,if any,
• m) quality and quantity of abstracted
water
• n) copy of the Environmental Compliance
Certificate(ECC) ffom the Department or
Certificate of Non-Coverage (CNC) as
applicable

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R14.3 Renewal Of Discharge Permit
• Existing Permittees shall submit the ff: in
the application for renewal of discharge
permit:
• a) copies of the quarterly SMR for the
immediately preceding year;
• b) A copy of the the Certificate of
Accreditation of the PCO duly issued by
the DENR or appointment/designations as
such by the Managing Head;
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• c) Official Receipt for the payment of the
applicable Permit Fee and the Wastewater
Discharge Fee
• d) Other Documents that may be required
related to Land Application.

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R14.4 Processing of the Application
for a Waste Water Discharge
Permit
• The RO shall act on the application
for a waste water Discharge Permit
within thirty (30) working days from
receipt of all the requirements.

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14.5 Permit Fee
The applicant shall pay an annual permit fee
following the schedule below:
Volum etric Rate of Am ount
Discharge Annual Fee (P esos)
Zero Discharge 2,000.00
W ithout Heavy W ith Heavy M etals
M etals

Below 10 m3/day 2,000.00 2,600.00

> 10 m3/day – 30 m3/day 2,200.00 2,800.00

> 30 m3/day – 100 m3/day 2,500.00 3,100.00


> 100 m3/day – 150 m3/day 2,700.00 3,300.00

> 150 m3/day 3,300.00 3,900.00


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14.9 Effectivity of the Discharge Permit

The Discharge Permit shall be valid for a


maximum period of five (5) years from the
date of its issuance, renewable for 5-years
period.

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14.9 Effectivity of the Discharge Permit

The Department may, however, renew the


discharge permit valid for a longer period
if the applicant has adopted waste
minimization and waste treatment
technologies, consistent with incentives
currently provided has been paying the
permit fees on time.

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14.11 Ground for Suspension or
Revocation of Permits

After due notice and hearing, the Department thru


the Bureau may suspend or revoke any existing
and valid permit on any of the following
grounds:
a. Non-compliance with or gross violation of any
provision of the Act, these rules and
regulations and/or permit conditions;
b. Deliberate or negligent submission of false
information in the application for permit that
lead to the issuance of the permit.
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c. Deliberate or negligent submission of false
monitoring data or report required in the
discharge permit;
d. Refusal to allow lawful inspection conducted by
the Department thru the Bureau of duly
authorized personnel;
e. Non-payment of appropriate wastewater
discharge fees within a 30-day cure period
from the date such payment is due;
f. Other grounds provide by law.

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14.18 Pollution Sources Connected to
Sewerage Systems

Pollution sources currently discharging to


existing sewerage systems with operational
wastewater treatment facilities shall be exempt
from the permit requirement. Provided that, in
the absence of, or pending the establishment of
a sewerage system, pollution sources shall be
covered by the permit requirement.

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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

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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

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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

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Prohibited Acts

• Refusal or failure to submit reports


whenever required by the
Department
• Refusal or failure to designate
pollution control officers whenever
required by the Department

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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

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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;
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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;

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• 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

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Thank You
for Your Attention

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