WATER ENVIRONMENT ASSOCIATION OF THE PHILIPPINES

Department of Environment and Natural Resources (DENR)

Environmental Management Bureau (EMB)

TRAINING COURSE FOR

POLLUTION CONTROL OFFICERS
The Philippine Clean Water Act of 2004
(Republic Act No. 9275)
and its
Implementing Rules and Regulations
Speaker:
PICTURE
ENGR. WILMA R. UYACO, MPA
OIC, Clearance and Permitting Division
EMB-NCR, DENR
CONTENTS OF PRESENTATION
 Introduction – Why there was a need for the PCWA
 The PCWA and Its IRR
 Declaration of Principles & Policies
 Coverage of the PCWA- The WQMA/Abatement &
Control of Pollution/Enforcement of Water Quality
Standards
 The Wastewater Charges & Discharge Permitting
System
 The DAO 2016-08- Water Quality Guidelines/General
Effluent Standards/Prohibited Acts/Penal Provisions
INTRODUCTION

WHY THE NEED FOR CLEAN WATER ACT

WHY THE NEED FOR CLEAN WATER ACT
WHY THE NEED FOR CLEAN WATER ACT
WB REPORT then
Annual Economic Loss Due to Pollution
PHILIPPINE CLEAN WATER ACT OF 2004
(Republic Act No. 9275)
Enacted on March 22, 2004
Published on April 21, 2004
Took effect on May 6, 2004

IMPLEMENTING RULES AND REGULATIONS

(DENR Administrative Order No. 2005-10)
Signed on May 16, 2005
Published on May 26, 2005
(Manila Times and Manila Standard Today)
THE CLEAN WATER ACT

PROVIDES FOR A
COMPREHENSIVE AND
INTEGRATED STRATEGY TO
PREVENT AND MINIMIZE
POLLUTION THROUGH A
MULTI-SECTORAL AND
PARTICIPATORY APPROACH
INVOLVING
ALL THE STAKEHOLDERS.
DECLARATION OF PRINCIPLES AND POLICIES

“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.”

-Section 2, Article 1, Chapter 1 of DAO 2005-10

 COVERAGE OF THE ACT

The Clean Water Act applies to:

• Water quality management in all water bodies

• Abatement and control of pollution from land-

based sources

• Enforcement of water quality standards,

regulations and penalties
COVERAGE OF THE ACT

Water Quality Management System

DESIGNATION OF WATER QUALITY MANAGEMENT AREAS

Section 5, Article 1 of Chapter 2 states that

The DENR, in coordination with NWRB, shall designate

certain areas as
WATER QUALITY MANAGEMENT AREAS (WQMAs)
using appropriate physiographic units such as
watershed, river basin or water resources region that
has similar hydrological 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 or problems.
DESIGNATION OF WATER QUALITY MANAGEMENT AREAS

The Coverage of WQMA Designation includes:

Surface waters – natural or
man made
- streams (rivers and creeks)
- lakes
- marine waters
Land around the hydrologic
unit
- residential, industrial,
commercial, agricultural,
tourism, forest and
protection areas
(Groundwater resource not included)
WATER QUALITY MANAGEMENT AREAS
WQMAs are to be managed by
multi-sectoral Governing Boards
chaired by the DENR Secretary
with representatives from the
concerned LGUs (province/city/
municipality), the private sector,
people’s organization, NGOs, and
concerned government agencies
WQMA is a significant tool in
enforcing the CWA. It aims for the
improvement of water quality to
meet the guidelines under which they
have been classified or to improve
their classification so that it meets its
projected or potential use.
WATER QUALITY MANAGEMENT AREAS
COVERAGE OF THE ACT

Abatement and Control of Pollution from

Land-Based Sources and
Enforcement of Water Quality Standards,
Regulations and Penalties
MANAGEMENT OF DOMESTIC SEWAGE

Section 7

The DPWH thru its relevant attached

agencies, in coordination with the DENR,
LGUs and other concerned agencies shall,
within 12 months from effectivity of CWA,
prepare a national program on sewerage
and septage management in connection
with Section 8 hereof.
MANAGEMENT OF DOMESTIC SEWAGE
Rule 7.1 Involvement of Other Agencies and their Roles

DOH – provide specific health criteria & data

MWSS & LWUA - contribute inputs relative to
responsibilities of concessionaires and water districts in
sewerage, septage & sanitation mgt.
DepEd, CHED & PIA – development of IEC program
LGUs thru ordinance , shall appropriate necessary land
including rights of way/road access to the land for the
construction of sewage/and or septage treatment
facilities in accordance with Local Government Code.
MANAGEMENT OF DOMESTIC SEWAGE
Section 8
Domestic Sewage Collection, Treatment and Disposal.
Within 5 years following effectivity of this Act, the
agency vested to provide water supply and sewerage
facilities and/or concessionaires in MM and other
HUCs, in coordination with the 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.
Domestic Sewage Collection, Treatment
and Disposal
(Sec. 8)

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.
MANAGEMENT OF DOMESTIC SEWAGE
Rule 8.1 – Sewerage and Sanitation Projects

All projects/activities involving the collection,

transport, treatment and disposal of sewage
shall be in accordance with the guidelines on
sanitation set by DOH.

In case sewage, septage, or sludge is collected,

transported, treated and disposed by a third
party, the final disposal of the treated sewage,
septage of sludge shall comply with the relevant
standards issued by DOH.
MANAGEMENT OF DOMESTIC SEWAGE
Rule 8.3 – Mandatory Connection to Existing Sewerage
Lines
For industries with domestic wastewater, a phase-in period
of one year is given to restructure the drainage system to
connect to existing WTF.
Rule 8.4 – Role of MWSS and Water Concessionaires
They shall provide sewerage facilities and sewage lines in
coordination with LGUs
Rule 8.5 – Action against non-compliance to available
sewerage system
DENR shall withhold permits or issuance of ECC for
establishments that fail to connect to available sewerage
system.
WATER POLLUTION PERMITS AND CHARGES
The Wastewater Charge System
 Was established on the basis of payment to
government for discharging wastewater into
the water bodies
 Based on net waste load
(difference of initial load of abstracted water
to waste load of discharged effluent)

 Complying establishments shall pay

minimal/lesser charges
Calculation of wastewater discharge fee:
WDF = wastewater discharge fee
WDF = Ln x R Ln = pollution loading
R = rate per kilogram, initially fixed at 5 PhP
per Kg for priority parameter (BOD or TSS)

Ln = (Cf – Ca)(Qf x Nf) x .001

Cf = daily average effluent concentration (mg/L)

Ca = average water quality concentration of
abstracted water (mg/L)
Qf = average daily volumetric flowrate (m3/day)
Nf = total number of discharge days per year
(days/yr)
Calculation of wastewater discharge fee:
Assumption:
Effluent BOD = 45 mg/L
Abstracted water BOD = 0 mg/L
Volume of Discharge = 10 cum./day
No. of Days of Operation = 365 days/yr (Jan-Dec)
Computation
Ln = (45-0) mg/L x 10 cu.m./day x 365 days/yr. x
0.001
Ln = 164kg/yr
WDF = 164kg/yr x P 5.00/kg.
= P 820.00/yr.
Wastewater Charges
 Section 13. 8

Wastewater Charges in ECOZONE

the wastewater discharge fee shall be paid by the
operator of the wastewater treatment plant
located within ECOZONES. Provided, that
industries within ECOZONES that are not
connected to the WTP shall be liable for the
wastewater charges individually.
 DISCHARGE PERMIT
 Rule 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.
However, a certificate of interconnection must be
issued to the locator/tenant by the WTP operator and
it should be submitted to EMB RO.
 DISCHARGE PERMIT
Section 14
All Owners and Operators
of Facilities that Discharge
Regulated Water Pollutants
are required to secure
Discharge Permit
“Legal authorization
granted by DENR to
discharge wastewater”
SCHEDULE OF ANNUAL PERMIT FEE
DISCHARGE PERMIT VALIDITY
GROUNDS FOR SUSPENSION OR REVOCATION OF DP
GROUNDS FOR SUSPENSION OR REVOCATION OF DP
PLANT OPERATIONAL PROBLEMS
(Sec. 14.15)
In the event that the permittee is temporarily
unable to comply with any of the conditions of the
WDP due to breakdown
 PCO shall immediately notify the EMB Regional
Office of breakdown within 24 hours from
occurrence.
While the necessary installation is not operational,
temporarily NO discharge if the breakdown will
result in a discharge of more than 10% of the
prescribed standard.
PLANT OPERATIONAL PROBLEMS
Within seven (7) working days from such
notification, the permittee shall submit a
detailed report to the Regional Office,
including the steps being undertaken to solve
the problem and/or to prevent its recurrence.

Within five (5) working days of the receipt of

the report, the EMB Regional Office shall
review & evaluate the sufficiency of proposed
measures that will be or is being undertaken.
PLANT OPERATIONAL PROBLEMS

Upon Completion of the necessary repair or

rehabilitation works, the Regional Office
shall be notified within three (3) working
days. Within seven (7) days of the receipt
of such notification, the regional office
concerned shall determine whether the
facility would be allowed to discharge
and assess the fine, if applicable.
 CLEAN UP OPERATIONS
(Sec 16)

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.
Water Body Classification and Usage of Marine
Waters
Water Body Classification and Usage of Marine
Waters
Section 7.
GENERAL EFFLUENT STANDARDS
 Discharges from any point shall be at all
times meet the effluent standards.

 The GES shall be used regardless of the

industry category

 Effluent used for agricultural purposes shall

conform to the DA Administrative Order No.
2007-26
 Section 10 GRACE PERIOD
 A grace period of not more than 5 years may be given
Provided that establishment submits Compliance Action Plan
and periodic status of implementation of the steps taken.
 Cases wherein grace period may be given shall be limited to any of
the following:
a) Values for the GES have become stringent compared to
the values in DAO 35. In that case standards in DAO 35
applies during the grace period
b) New significant effluent quality parameters were identified
for the sector.
Such grace period shall include, but not be limited to,
Moratorium on the issuance of CDO, fines and other penalties.
CIVIL LIABILITY AND PENAL PROVISIONS
Section 11 DAO 2016-08
PROHIBITED ACTS
CIVIL LIABILITY AND PENAL PROVISIONS
Section 11 DAO 2016-08
PROHIBITED ACTS
 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;
 (Sec. 27-RA 9275 & IRR)

 Disposal of potentially infectious medical

waste into sea water by vessels;

 Unauthorized transport or dumping into

sea waters of sewage sludge or solid
waste;
 (Sec. 27-RA 9275 & IRR)

 Transport, dumping or discharge of

prohibited chemicals or pollutants;

 Operate facilities that discharge or allow

to seep willfully prohibited chemicals,
substance or pollutants listed under RA
6969 into water bodies;
 (Sec. 27-RA 9275 & IRR)
 Undertaking activities or development
and expansion of projects, or operating
ww/sewerage facilities in violation of PD
1586;

 Discharging regulated water pollutants

without the valid DP;

 Non-compliance of the LGU with the WQ

Framework and WQMA Action Plan;
 (Sec. 27-RA 9275 & IRR)
 Refusal to allow access by the DENR to relevant
reports and records;

 Refusal or failure to submit reports whenever

required by the DENR;

 Refusal or failure to designate PCO whenever

required by the DENR; and

 Direct use of booster pumps in the distribution

system or tampering with the water supply.
CIVIL LIABILITY/PENAL PROVISIONS
CIVIL LIABILITY/PENAL PROVISIONS
 WATER ENVIRONMENT ASSOCIATION OF THE PHILIPPINES
Department of Environment and Natural Resources (DENR)
Environmental Management Bureau (EMB)

Speaker:
PICTURE ENGR. WILMA R. UYACO, MPA
OIC, Clearance and Permitting Division
EMB-NCR, DENR
Tel. Nos.: 9312397/ 9311834 /9313632