2020 SECOND DRAFT

DENR Administrative Order

No. ___
Series of 20___

SUBJECT: Supplemental Rules and Regulations on the Nationwide

Implementation of the Wastewater Charge System under Rules 13
and 14 of DAO 2005-10

WHEREAS, Republic Act 9275 known as the Philippine Clean Water Act of 2004 (CWA)
calls for the pursuit of “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;”

WHEREAS, to ensure the attainment of the objectives of RA 9275, the following policies,
among others, shall be pursued within the framework of sustainable development: a) to
streamline processes and procedures in the prevention, control and abatement of pollution in
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; c) 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 health and environment, d) to provide for a comprehensive management program for
water pollution focusing on pollution prevention; and, e) to formulate and enforce a system of
accountability for short and long-term adverse environmental impact of a project, program or
activity;

WHEREAS, Article 2 of Chapter 2 of RA 9275 on Water Pollution Permits and Charges

promulgates the implementation of a wastewater charge system in all management areas,
including the Laguna Lake Region and Regional Industrial Centers and all other areas,
through the collection of wastewater charges/fees;

WHEREAS, Rule 13 of DENR Administrative Order No. 2005-10 (DAO 2005-10) calls for
the implementation of the Wastewater Charge System through the collection of wastewater
discharge fees from all sources of wastewater discharges to include, but not to be limited to,
effluent from wastewater treatment plants (WTP) and sewage treatment plants (STP), and
discharges from water treatment facilities; and Rule 14 requires owners or operators of
facilities that discharge regulated effluents to secure a permit to discharge;

WHEREAS, the Department, through the Environmental Management Bureau (EMB) has
formulated the implementing rules and regulations governing the nationwide application of
the wastewater charge system which is designed to supplement the relevant provisions
stipulated in DAO-2005-10 in order to ensure the proper and efficient implementation of the
foregoing provisions;
NOW THEREFORE, for and in consideration of the above premises, the Department
hereby adopts the following rules and regulations on the nationwide application of the
Wastewater Charge System:

ARTICLE I
GENERAL PROVISIONS

Section 1. Title. This Order shall be known as the "Supplemental Rules and Regulations
on the Nationwide Implementation of the Wastewater Charge System under Rules 13
and 14 of DAO 2005-10.”

Section 2. Guiding Policies. The Philippine Clean Water Act of 2004 provides for the
implementation of the wastewater charge system taking into consideration the following:
(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) To 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.

Section 3. Scope. The rules and regulations shall apply to all water bodies in all areas and
shall be consistent with the coverage of RA 9275 as stipulated in Section 3 and its
Implementing Rules and Regulations (IRR) pursuant to DAO 2005-10, and shall apply to all
establishments and installations that discharge industrial and/or commercial wastewater into
water bodies, to include, but not be limited to, effluent from wastewater treatment plants
(WTP) and sewage treatment plants (STP), and discharges from water treatment facilities.

The rules and regulations shall also apply to other liquid discharges from industrial
and/or commercial establishments, institutions, or other entities required by environmental
regulations or permit conditions to comply with effluent standards.

Domestic sewage discharges from residential sources that are not otherwise required
by environmental regulations or permit conditions to comply with effluent standards are
excluded from these rules and regulations and will be subject to separate and distinct
implementing rules and regulations and standards in accordance with Section 8 of Republic
Act 9275.

Pursuant to Rules 13.8 and 13.9 of DAO 2005-10, industrial or commercial

wastewater or domestic sewage discharged to a centralized or common (wastewater or
sewage) treatment plant or facility or similar facility with a valid permit to discharge are not
subject to these rules and regulations.
 Water used solely as motive fluid for hydroelectric or other power generation is not
considered wastewater discharge for purposes of the wastewater charge system.

Water discharged from a silt dam or similar structure of a quarrying, mining, or

similar project is considered wastewater discharge if the provision of said silt dam or similar
structure is required by, or is a condition imposed in, the Environmental Compliance
Certificate (ECC) or other environmental permit for that project.

Determination of wastewater discharge fees for wastewater reused for irrigation and
other agricultural purposes shall be subject to separate and distinct implementing rules and
regulations.

These issuances are complementary to, and provide clarification and additional rules
and regulations in order to put into operation, RA 9275 and DAO 2005-10.

Section 4. Definition of Terms. When used in this Order, the following terms and phrases
shall have the indicated meanings unless clearly stated otherwise:

(a) Abstracted Water refers to all the water supply/supplies, intake(s) or source(s)
that is (are) used by an industrial or commercial or other establishment or
entity in any process, operation, or activity resulting in the generation of water
that is discarded or discharged. For industrial parks and/or similar entities
operating common and/or centralized wastewater or sewage treatment plants
into which wastewater or sewage generated by locators are discharged,
abstracted water refers to the water as supplied by such industrial park or
similar entity for the use of its locators.
(b) Commercial Wastewater – means all the wastewater generated by trading or
business establishment and/or any other related firms or companies, which
include but not limited to restaurants, shopping malls, commercial
laboratories, hospitals, markets, commercial condominiums, hotels, gasoline
stations, and other establishments.
(c) Department refers to the Department of Environment and Natural Resources.
(d) Domestic sewage refers to water discharged after use for personal hygiene and
sanitation or other household uses.
(e) Effluent concentration in the wastewater charge formula refers to the
arithmetic mean of the actual effluent concentrations as determined by the
following, in the order of precedence:
i. EMB, for the immediately preceding year or period, where available, or
ii. Permittee, as reported in the Self Monitoring Report, the arithmetic mean
for the period indicated on the Discharge Permit for the minimum
frequency of determination of concentration of the priority pollutant
parameter in the effluent, or
iii. Applicant for a new Discharge Permit, from the results of laboratory
analysis of actual effluent, such laboratory analysis being performed or
done by a DENR recognized laboratory, or
iv. Applicant for a new Discharge Permit, from the projected effluent quality
stated in the design documentation of the treatment plant.
(f) EMB refers to the Environmental Management Bureau, its central office, or
regional offices.
(g) Industrial pertains to, or is of the nature of, or resulting from industry or
manufacturing or production of goods or commodities, or provision of
services.
(h) Minimal (or minimum) reasonable amount refers to at least a fraction (less
than or equal to one) of the unit rate of charge.
(i) Outlet or Outfall or Point of Discharge refers to the point at which:
i. the discharge exits or leaves the wastewater treatment system, or
ii. the discharge exits or leaves the source of the discharge if no wastewater
treatment system exists, or
iii. the discharge is retained, stored, or otherwise held (storage facility), if the
discharge is applied on land or a water body within the boundaries of the
property, or
iv. the discharge crosses the boundaries of the property (whether owned or
leased or in any way permitted to be used) of the permittee in which the
source of discharge is located, into another property, whether private or
public, or land or water body.
(j) Priority Pollutant Parameter refers to that parameter or aggregation of
substances in the wastewater discharge that has the greatest potential for
adverse environmental impact or risks to public health and safety. It is used in
calculating the wastewater charge.
(k) Unit Charge or Unit Rate of Charge refers to the rate (in Philippine Pesos) for
each kilogram of priority pollutant parameter.
(l) Wastewater means waste in liquid state containing pollutants.
 ARTICLE II
DETAILED IMPLEMENTING RULES AND REGULATIONS OF CERTAIN
SECTIONS OF
DAO 2005-10 ON WASTEWATER CHARGE SYSTEM

Section 5. Types of Discharge Permits. Two (2) types of discharge permits (DP) may
be issued: (a) Commissioning Discharge Permit and (b) (Regular) Discharge Permit.

The Commissioning Discharge Permit shall be issued for effluent discharges of a

wastewater treatment plant or facility:
i. during the commissioning period or
ii. after major improvement, repair, upgrading, or modification

The (Regular) Discharge Permit (DP) shall be issued for effluent discharges, all of
whose pertinent pollutant parameters are verified by the Department through EMB to comply
with applicable effluent standards.

The form for the Discharge Permit, attached as Annex A, is hereby prescribed and
adopted. Each Discharge Permit issued by all EMB Regional Offices shall be assigned a
reference number in accordance with the Numbering System as described in Annex B.

One (1) Discharge Permit shall be issued for each outlet or outfall or point of
discharge; although, a single application may be filed for multiple (more than one) outlets or
outfalls or points of discharge; provided that the source(s) of the multiple outlets or outfalls
or points of discharge are from only one (1) common project or facility in a contiguous
geographical area.

While there is no limit for the maximum number of discharge outlets from an entity,
establishment, factory, or other regulated source, the division of discharge streams into or
among several outlets shall not result in an exemption of any outlet from the requirement of
securing a valid discharge permit for each outlet, in the event that the regulations allow
exemption of discharges on the basis of the volumetric or mass flow rate at an outlet or
outfall or point of discharge.

Section 6. Fees under the Wastewater Charge System. The Wastewater Charge
System shall be comprised of two (2) types of fees:
i. Discharge Permit Fee
ii. Wastewater Discharge Fee (WDF)

Section 7. Discharge Permit Fee. The discharge permit fee shall be computed
according to the schedule of annual fees on the table on Rule 14.5 of DAO 2005-10 for either
commissioning or regular discharge permits for the total duration of the validity of the
discharge permit. For commissioning discharge permits, the pertinent full annual permit fee
according to the schedule of annual fees on the table on Rule 14.5 of DAO 2005-10 shall be
applied regardless of the validity period of each commissioning discharge permit issued.
 In the event that a commissioning discharge permit is upgraded to a regular discharge
permit, a separate permit fee shall be computed and collected according to the schedule of
annual fees on the table on Rule 14.5 of DAO 2005-10.

In the event that a discharge permit is revoked for cause, the discharge permit fees
paid shall be forfeited and a new discharge permit fee shall be collected for any new permit
that may be subsequently issued.

On a regular basis or at least once every five (5) years, the Environmental
Management Bureau (EMB) shall review, evaluate, and assess the schedule of annual fees, in
particular, with respect to the costs of compliance monitoring by EMB, and issue a revised
schedule of annual fees as the need arises and subject to public consultation.

Section 8. Wastewater Discharge Fee. The wastewater discharge fee (WDF) is based on
the net waste load model prescribed pursuant to Chapter 2, Article 2, Section 13 of the
Philippine CWA and Rule 13 of the DAO 2005-10.

Formula for the Wastewater Discharge Fee, WDF

WDF = Ln  R
Where:
Ln = Net Waste Load, kg/year
R = Applicable Unit Rate of Charge, PhP/kg

Formula for the Net Waste Load, Ln:

Ln (PPP) = [ (Cf – Ca) (Qf  Nf) ]  0.001
Where:
Ln = Net Waste Load, kg/year
PPP = Priority Pollutant Parameter
Cf = Average Concentration of PPP in the effluent
(arithmetic mean for the period for which the net waste
load is calculated, typically one year), mg/l (or g/m3)
Ca = Average Concentration of PPP in the best quality
abstracted water (arithmetic mean for the period for
which the net waste load is calculated), mg/l (or g/m3)
Qf = Average Daily Volumetric Flow Rate of the (final)
effluent or wastewater discharged (arithmetic mean for
the period for which the net waste load is calculated),
m3/day
Nf = Number of discharge days per year, days/year

The Wastewater Discharge Fee shall be calculated on the basis of only one (1) priority
pollutant parameter and shall be calculated for each outlet or outfall or point of discharge.

Section 9. Expansion of Coverage. In accordance with Rule 13.1 of DAO 2005-10, the
priority pollutant parameters shall include the 5-day Biochemical Oxygen Demand (BOD5)
and Total Suspended Solids (TSS).
 Supplemental to Rule 13.6 of DAO 2005-10, the wastewater discharge fee formula is
hereby expanded to include the aggregate sum of metals as priority pollutant parameter.

Metals are those substances so defined in Table 9 (Effluent Standards – Metals) of

Section 7 (General Effluent Standards) of DAO 2016-08 (Water Quality Guidelines and
General Effluent Standards of 2016), or any revisions or amendments thereof, or in other
pertinent effluent or environmental regulations.

Only the regulated metals present in the raw or untreated wastewater that exceeds the
applicable effluent standards shall be included in calculating the aggregate sum.

Other priority pollutant parameters shall be defined by the Department through the
EMB, as the need arises and subject to public consultation.

Section 10. Selection of Priority Pollutant Parameter (PPP). The following table and
decision tree flow chart shall be used to select the priority pollutant parameter (PPP):

Table 1. Selection of Priority Pollutant Parameter

If the Pollutant Parameter in the Raw or Untreated Wastewater is:

Step: Metal & Toxic Then the PPP

BOD5 TSS
If Substances shall be
1. BOD5  300 mg/l Any value Any Value BOD5
Exceeds Aggregate of
2. BOD5 < 300 mg/l Any value
Standards Metals
3. BOD5 < 300 mg/l TSS  BOD5 Within Standards TSS
4. BOD5 < 300 mg/l TSS < BOD5 Within Standards BOD5

The average concentration of PPP in the effluent, Cf, shall be the arithmetic mean of
the PPP concentration for the period (typically one year) for which the net waste load is
calculated, expressed in mg/l (or g/m3).
 Flowchart of Decision Tree
`

RAW / UNTREATED PRIORITY POLLUTANT

WASTEWATER PARAMETER (PPP)
QUALITY

YES (5-Day) Biochemical

Is BOD5  300 Oxygen Demand
mg/l? (BOD5)

NO

Any Regulated
Metal YES Aggregate SUM of
EXCEEDS Metals
Effluent
Standard?

NO

YES Total Suspended

Is TSS  BOD5? Solids (TSS)

NO

(5-Day) Biochemical
Oxygen Demand
(BOD5)
Section 11. Determination of Priority Pollutant Parameter Concentration in the
Abstracted Water. Where there is only one (1) source of water supply, the average
concentration of PPP in abstracted water source, Ca, shall be the arithmetic mean of the PPP
concentrations in the single abstracted water source for the period for which the net waste
load is calculated (typically one year), expressed in mg/l (or g/m 3).

Where there are multiple (more than one) sources of water (abstracted water) used in
the process, operation, or activity that results in the generation of water that is discarded or
discharged at an outlet or outfall or point of discharge, the arithmetic mean concentration of
the priority pollutant parameter shall be determined from the abstracted water source with the
best quality (lowest arithmetic mean value of the applicable priority pollutant parameter).

Section 12. Unit Rate of Charge. In order to “reflect damages caused by water pollution
on the surrounding environment, including the cost of rehabilitation, to prevent, control and
abate “pollution in the country’s water resources,” and to “enforce a system of accountability
for short and long-term adverse environmental impact of a project, program or activity,” the
applicable unit rate of charge, R (PhP/kg), of the priority pollutant parameter (PPP) shall be
based on the average cost of treatment to remove one mass unit (kg) of the PPP from
wastewater as determined by the Department through the EMB.

The applicable unit rate of charge shall be the product of the basic unit rate of charge
(RB) and the compliance adjustment factor, f, according to the following formula:
R = RB  f
Where:
RB = Basic Unit Rate of Charge
f = Compliance Adjustment Factor

The basic unit rates of charge for the priority pollutant parameters are initially set as
shown in Table 2 below:

Table 2. Basic Unit Rate of Charge of Priority Pollutant Parameter

Priority Pollutant Parameter Basic Unit Rate of Charge
5-day Biochemical Oxygen Demand (BOD5) PhP 30.00 per kg
Total Suspended Solids (TSS) PhP 30.00 per kg
Aggregate Sum of Toxic and Hazardous Substances PhP 300.00 per kg

For new sources of pollution, including expansion or modification or revision of

existing sources, in non-attainment areas, a twenty percent (20%) surcharge shall be assessed
on the annual discharge permit fee and the wastewater discharge fee in accordance with Rule
13.5 of DAO 2005-10.
Section 13. Acceptable Flow Measuring Devices. The applicant or permittee shall install a
flow measuring device at each outlet or outfall or point of discharge. The flow measuring
device shall conform to the following specifications:

i. The flow measurement device shall be a permanent installation.

ii. The flow measurement device shall not be portable or easily removed.
iii. The flow measurement device shall indicate the flow rate value directly (e.g., on a
scale or display) or indirectly (e.g., derived from a calibration curve or formula)
or the total volume discharged on a non-resettable totalizer (e.g., water meter).
iv. The accuracy of the flow rate value indicated by the flow measurement device
can be independently checked or verified using other methods of flow
measurement (e.g., timed bucket method).

Examples of acceptable flow measuring device may include, but are not limited to,
weirs and flumes for open channel, and, variable area, pitot-tube, magnetic or ultrasonic or
Doppler effect (non-contact) flow meters for closed pipes.

Installation of a flow measuring device at the inlet of a wastewater treatment plant or

facility instead of at the outlet or outfall or point of discharge may be allowed subject to
written approval by the EMB regional office.

Section 14. Computation of Wastewater Discharge Fee (WDF). The formula shown on
Section 8 of this Order shall be used to compute the wastewater discharge fee (WDF). The
values of the parameters to be used in the formula shall be determined according to the
following order of priorities:

Effluent concentration, Cf, of the PPP or the concentration, Ca, of the PPP in the best
quality abstracted water shall be the respective arithmetic mean for the period for which the
net waste load is calculated, in mg/l (or g/m3), that is obtained or determined:

i. By EMB, for the immediately preceding year or period, or

ii. By Permittee, as reported in the Self Monitoring Report, arithmetic mean for the
period indicated on the Discharge Permit for the minimum frequency of
determination of concentration of priority pollutant parameter in the effluent or
abstracted water, or
iii. By Applicant for a new Discharge Permit, from the results of laboratory analysis
of actual effluent or abstracted water samples by EMB or a DENR recognized
laboratory, or
iv. By Applicant for a new Discharge Permit, from the projected effluent quality or
abstracted water quality stated in the design documents of the treatment plant or
facility.

Average volumetric flow rate of the final effluent discharge, Qf, shall be the
arithmetic mean value for the period for which the net waste load is calculated, in m3/day,
obtained or determined:
i. By EMB, for the immediately preceding year or period, or
ii. By Permittee, as reported in the Self Monitoring Report, or
iii. By Applicant for a new Discharge Permit, from the results of actual flow
measurements of the effluent, or
 iv. By Applicant for a new Discharge Permit, from the projected effluent flow rate
used as the basis for the design of the treatment plant or facility.

The number of discharge days, Qf, in a year (days/year) or period (days/period) for
which the net waste load is calculated shall be the value obtained or determined:

i. By EMB, for the immediately preceding year or period, or

ii. By Permittee, as reported in the Self Monitoring Report, or
iii. By Applicant for a new Discharge Permit, from the records of actual number of
effluent discharge days, or
iv. By Applicant for a new Discharge Permit, from the projected number of effluent
discharge days in the project study, project description, initial environmental
examination report, Environmental Compliance Certificate (ECC), or Certificate
of Non-Coverage (CNC).

For new permits issued under this Order, the period for computation of the WDF shall
be three (3) months for (Commissioning) Discharge Permits and One (1) year for (Regular)
Discharge Permits.

For (Regular) Discharge Permits with validity periods in excess of one (1) year,
permittee may pay the wastewater discharge fee (WDF) annually on the anniversary of the
date of issuance of the discharge permit. Failure to pay the wastewater discharge fee (WDF)
for the succeeding year on the anniversary of the date of issuance of the discharge permit or
within the thirty (30) calendar day cure period shall result in the automatic suspension of the
discharge permit and the immediate initiation of proceedings for the revocation of the
discharge permit.

For valid permits that are current upon effectivity of this Order and for which a
wastewater discharge fee has been imposed and paid, no additional wastewater discharge fee
shall be imposed until the end of the period covered by the wastewater discharge fee already
paid.

For valid permits that are current upon effectivity of this Order and for which no
wastewater discharge fee has yet been paid, the period for calculation of the WDF shall be,
for (Commissioning) Discharge Permits, three (3) months; or for (Regular) Discharge
Permits, one (1) year or the period from the date of effectivity of this Order to the last date of
validity of the discharge permit, whichever is least.

For the renewal of discharge permit or payment of the wastewater discharge fee
(WDF) for the succeeding period, the actual wastewater discharge fee (WDFA) for the
immediately preceding period shall be computed based on actual concentrations and flow
rates and number of discharge days during the preceding period; and this amount, WDF A,
shall be deducted from the WDF originally paid.

If the difference is positive (e.g., payment made exceeds actual chargeable amount);
the excess amount shall be reflected as a credit to the permittee and shall be deducted from
the amount due and payable for the succeeding wastewater discharge fee. If the difference is
negative (e.g., payment made is less than the actual chargeable amount); the deficient amount
shall be added to the amount due and payable for the succeeding wastewater discharge fee.
 In the event that a discharge permit is revoked for cause, the wastewater discharge
fees paid for the revoked or surrendered discharge permit shall be forfeited. Separate and
distinct wastewater discharge fees shall be calculated and collected for any new permit that
may be subsequently issued.

Section 15. Commissioning Period and Periods of Plant Operational Problems.

Considering that it is normally not possible to attain full compliance at the instant of
commissioning or starting up a (new or upgraded) wastewater treatment plant or facility, a
Commissioning Discharge Permit shall allow a discharger sufficient time to make
adjustments, optimize, and fine-tune the operating conditions of a wastewater treatment plant
or facility in order to consistently and effectively attain full compliance with all applicable
effluent standards.

Likewise considering the possibility that a wastewater treatment plant or facility may
encounter plant operational problems due to breakdown of any installation covered by a
discharge permit through force majeure, a regular discharge permit* may allow the discharge
of effluent that are partially compliant (i.e, wherein not all of whose pollutant parameters are
within applicable effluent standards), for:
i. a total not exceeding twelve (12) days and/or incidents per year
ii. with no single incident of plant operational problem exceeding seven (7)
consecutive days;
provided that the permittee or his pollution control officer shall:
i. notify the Regional Office of the EMB within twenty four (24) hours of the
occurrence of such breakdown or plant operational problem and
ii. submit within seven (7) calendar days, a written report detailing:
a. the cause(s) of the breakdown or plant operational problems,
b. concentrations of pertinent pollutant parameters in the effluent,
c. volume of effluent discharged,
d. duration of the breakdown or plant operational problem, and
e. mitigating measures;
provided further, that such breakdown or plant operational problem will not pose imminent
danger to the environment or public health or safety.

Section 16. Effectivity of Discharge Permits The Commissioning Discharge Permit shall
have a maximum effectivity period not exceeding three (3) months.

The (Regular) Discharge Permit shall have a maximum effectivity period not
exceeding five (5) years.

The maximum allowable effectivity period of the (Regular) Discharge Permit (DP)
shall be determined according to the schedule shown in Table 4 below:

Table 4. Effectivity Period of (Regular) Discharge Permit

Conditions Maximum Effectivity Period
a. New Discharge Permit One (1) Year
b. Fully complying, fees and charges fully paid, and all Two (2) Years
SMRs submitted on time
c. As (b) and with actual effluent PPP concentration Three (3) Years
 lower than effluent standards by at least twenty
percent (20%)
d. As (c) and with pollution prevention (PP), waste Four (4) Years
minimization (WM), or other environmental
improvement program or project undertaken or
implemented for at least one (1) year.
e. As (d) and with an environmental management Five (5) Years
system (EMS) implemented for at least one (1) year.

The actual effectivity period granted on the (Regular) Discharge Permit may be at the
option of the permittee or applicant for discharge permit, provided that the actual effectivity
period granted shall not exceed the maximum allowable effectivity period indicated in Table
4 for the specified conditions.

Valid discharge permits issued before the effectivity of this Order shall retain their
original effectivity period unless otherwise sooner suspended or revoked for cause.

Section 17. Application for Discharge Permit. Supplemental to Rule 14 of DAO 2005-10,
the application form for discharge permit attached as Annex C is hereby prescribed and
adopted. Supporting documents and other requirements for the application for discharge
permit are specified in the Instructions and Directions for Accomplishing the application
form for Discharge Permit attached as Annex C and in Rules 14.2 and 14.3 of DAO 2005-10.

For new or upgraded projects or facilities, the application for discharge permit shall
be filed not less than thirty (30) calendar days before commissioning or before the start of
partial or full commercial operations.

For renewal of discharge permits, the application for discharge permit shall be filed
not less than thirty (30) calendar days before the expiry date of the permit.

Section 18. Processing of the Application for Discharge Permit. The Regional Office
of the EMB shall act on the application for a wastewater discharge permit within thirty (30)
working days from receipt by the Regional Office of the EMB of all the requirements and
completed application forms.

If the Regional Office of the EMB fails to act (such as, but not limited to, to issue or
deny the application, to request in writing, required additional information, to conduct ocular
or other inspection, to collect and/or analyze samples, to verify information or data submitted,
and the like) on the application within the specified timeframe of thirty (30) working days,
the application for wastewater discharge permit is deemed automatically approved and the
Regional Office of the EMB shall issue the pertinent Discharge Permit within five (5)
working days after the prescribed processing timeframe has lapsed, with the presumption on
the veracity and accuracy of the effluent quality and quantity and other data and information
submitted, which shall be used to calculate the applicable permit fees and wastewater
discharge fees; provided that said fees are fully paid prior to the issuance of the pertinent
Discharge Permit.
 However, the Regional Office of the EMB may deny issuance of the pertinent
Discharge Permit if the applicant fails to submit required additional information, despite
written request from the Regional Office of the EMB and despite an adequate period for the
applicant to comply with the said requirement.

In the event that the Department through the EMB or other authorized agencies
determine that the applicant deliberately or negligently submitted false information or data in
its application for discharge permit, such automatically approved and issued permit shall be
revoked and the discharger or applicant shall be required to submit a new application for
discharge permit without prejudice to the imposition of fines or penalties or filing of
appropriate charges for violation of the provisions of RA 9275, DAO-2005-10, this Order, or
other applicable laws.

Section 19. Payment of Discharge Permit Fees and Wastewater Discharge Fees. The
applicable Discharge Permit Fees and calculated Wastewater Discharge Fees for the permit
period shall be paid in full to the Regional Office of the EMB prior to the issuance and
release of the Discharge Permit.

Section 20. Disapproval of Application for Discharge Permit and Appeal for
Reconsideration. Supplemental to DAO 2005-10, in cases of disapproval of the application
for Discharge Permit, a petition for reconsideration may be filed with the EMB Regional
Office within fifteen (15) calendar days from receipt of written notice of such disapproval.
The petition for reconsideration shall be decided upon by the EMB Regional Office within
fifteen (15) working days from the date of filing. The decision of the EMB Regional Office
on the said application shall become final and executory, even pending the decision on the
petition for reconsideration, if any.

The decision of the EMB Regional Office approving or disapproving applications for
discharge permit may be appealed to the Secretary of the Department of Environment and
Natural Resources (DENR) within fifteen (15) calendar days from receipt of written notice of
such decision. However, such appeal shall not stay the execution of the decision of the EMB
Regional Office, unless otherwise ordered by the Secretary of the DENR.

Section 21. Effect of Disapproval of Application or Suspension or Revocation of

Discharge Permit. Disapproved applications or suspended or revoked or surrendered
discharge permits shall not grant any right or privilege to the applicant or former permit
holder to discharge its wastewater into the environment.

If the applicant proceeds to discharge despite disapproval of application or suspension

or revocation or surrender of the discharge permit, the EMB Regional Office shall
immediately issue a Notice of Violation and direct the discharger to discontinue from further
discharge of its wastewater or to stop the discharger's operations, and shall immediately
impose the fines and penalties at the existing rate applicable and provided for by law, without
prejudice to criminal prosecution under applicable laws.
Section 22. Additional Grounds for Suspension or Revocation of Permits. Supplemental
to Rule 14.11 of DAO-2005-10, additional grounds for suspension or revocation of permits
shall include:
(a) Non-compliance with or gross violation of any provisions in these rules and
regulations;
(b) Non-compliance with or gross violation of any provisions and/or order pertaining
to the submission of the Self Monitoring Report (SMR);
(c) Refusal to allow inspections duly authorized by the EMB;
(d) Refusal to comply with sanctions in case an earlier suspension was imposed;
(e) Submission of false information or data in the application for discharge permit; or
(f) Other lawful and valid causes and grounds provided for by law.

Section 23. Self-Monitoring Reports. Supplemental to Rule 14.16 of DAO-2005-10, the

format of the self-monitoring report (SMR) on wastewater discharges will be revised and
adopted.

Section 24. Monitoring and Evaluation. The DENR–EMB shall conduct periodic
monitoring, evaluation, and review of these supplemental implementing rules and
regulations. Any revisions thereof shall be subject to public consultation and approval of the
Secretary.

Section 25. Information and Education Campaign. The EMB Central Office and Regional
Offices shall conduct a continuing education and information campaign within the concerned
sectors and related agencies upon the adoption of this Order to ensure effective
implementation and coordination.

Section 26. Repealing Clause. Existing orders, rules, and regulations of the Department,
which are inconsistent herewith, are hereby repealed.

Section 27. Effectivity. This Order shall take effect thirty (30) calendar days from date of
filing with the Office of the National Administrative Register and publication in the official
gazette or any newspaper of general circulation.

APPROVED:

(Sgd.)
Secretary
Department of Environment
and Natural Resources