REPUBLIC ACT 9275

AN ACT PROVIDING FOR A

COMPREHENSIVE WATER QUALITY
MANAGEMENT AND FOR OTHER
PURPOSES
The Philippine Clean Water Act OF 2004

 SECTION 2. Declaration of Policy. - 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 3. Coverage of the Act. - This Act shall apply to water

quality management in all water bodies: Provided, That it shall
primarily apply to the abatement and control of pollution from land
based sources: Provided, further, That the water quality standards
and regulations and the civil liability and penal provisions under this
Act shall be enforced irrespective of sources of pollution.
 SECTION 4. Definition of Terms. - As used in this Act:
a) Aquifer - means a layer of water-bearing rock located underground
that transmits water in sufficient quantity to supply pumping wells or
natural springs.
b) Aquatic life - means all organisms living in freshwater, brackish and
marine environment.
c) Beneficial use - means the use of the environment or any element or
segment thereof conducive to public or private welfare, safety and
health; and shall include, but not be limited to, the use of water for
domestic, municipal, irrigation, power generation, fisheries, livestock
raising, industrial, recreational and other purposes.
 SOME IMPORTANT DEFINITION OF TERMS
  Water body - means both natural and man-made bodies of fresh, brackish,
and saline waters, and includes, but is not limited to, aquifers,
groundwater, springs, creeks, streams, rivers, ponds, lagoons, water
reservoirs, lakes, bays, estuarine, coastal and marine waters. Water bodies
do not refer to those constructed, developed and used purposely as water
treatment facilities and / or water storage for recycling and re-use which
are integral to process industry or manufacturing.
 Water Pollution - means any alteration of the physical, chemical,
biological, or radiological properties of a water body resulting in the
impairment of its purity or quality.
 Water Quality - means the characteristics of water, which define its use in
characteristics by terms of physical, chemical, biological, bacteriological
or radiological characteristics by which the acceptability of water is
evaluated.
 Pollution control technology- means pollution control devices or apparatus,
processes, or other means that effectively prevent control or reduce
pollution of water caused by effluents and other discharges, from any point
source at levels within the water pollution standards.
 Potentially infectious medical waste- include isolation wastes, infectious
agents, human blood and blood products, pathological wastes, sharps, body
parts, contaminated bedding, surgical wastes, and other disposable medical
equipment and material that may pose a risk to the public health, welfare
or the marine environment.
 Septage - means the sludge produced on individual onsite wastewater
disposal systems, principally septic tanks and cesspools.
 Sewage - means water-borne human or animal wastes, excluding oil or oil
wastes, removed from residences, building, institutions, industrial and
commercial establishments together with such groundwater, surface water
and storm water as maybe present including such waste from vessels,
offshore structures, other receptacles intended to receive or retain waste or
other places or the combination thereof.
 Sewerage - includes, but is not limited to, any system or network of pipelines,
ditches, channels, or conduits including pumping stations, lift stations and
force mains, service connections including other constructions, devices, and
appliances appurtenant thereto, which includes the collection, transport,
pumping and treatment of sewage to a point of disposal.
 Sludge - means any solid, semi-solid or liquid waste or residue generated from
a wastewater treatment plant, water supply treatment plant, or water control
pollution facility, or any other such waste having similar characteristics and
effects.
 Surface water - means all water, which is open to the atmosphere and subject
to surface runoff.
 Treatment - means any method, technique, or process designed to alter the
physical, chemical or biological and radiological character or composition of
any waste or wastewater to reduce or prevent pollution.
 Waste - means any material either solid, liquid, semisolid, contained gas or
other forms resulting industrial, commercial, mining or agricultural operations,
or from community and household activities that is devoid of usage and
discarded.
 
 ON WHAT PURPOSE IS WATER
BEING USED?
 Use of water for domestic purposes
 Use of water for municipal purposes
 Use of water for irrigation
 Use of water for power generation
 Use of water for fisheries
  Use of water for livestock raising
  Use of water for industrial purposes
 Use of water for recreational purposes
 WHY DO WE NEED THE CLEAN WATER ACT?

As early as 1996, monitoring of the country’s rivers showed that only

51% of the classified rivers still met the standards for their most
beneficial use. The rest were already polluted from domestic,
industrial and agricultural sources.
Most studies point to the fact that domestic wastewater is the
principal cause of organic pollution (at 48%) of our water bodies. Yet,
only 3% of investments in water supply and sanitation were going to
sanitation and sewage treatment.
A recent World Bank report pointed out that Metro Manila was second
to the lowest in sewer connections among major cities in Asia.
Thirty-one percent (31%) of all illnesses in the country are attributed
to polluted waters. Clearly, to ensure access to clean water for all
Filipinos, it was imperative that government put together a
comprehensive strategy to protect water quality.
WHAT IS THE CLEAN WATER ACT?

 The Philippine Clean Water Act of 2004 (Republic Act No. 9275) aims
to protect the country’s water bodies from pollution from land-based
sources (industries and commercial establishments, agriculture and
community/household activities). It provides for a comprehensive and
integrated strategy to prevent and minimize pollution through a
multi-sectoral and participatory approach involving all the
stakeholders.
 WHO SHOULD IMPLEMENT THE CLEAN WATER ACT?

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 private sector.
The DENR will review and set affluent standards, review and enforce water
quality guidelines, classify groundwater sources and prepare a national
groundwater vulnerability map, classify or reclassify water bodies, establish
internationally accepted procedures for sampling and analysis, prepare an
integrated water quality management framework and subsequently prepare
10-year management plans for each water management area.
 THE ROLES OF OTHER KEY GOVERNMENT AGENCIES
ARE:

 The Philippine Coast Guard shall enforce water quality standards in marine
waters, specifically from offshore sources.

 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 disposal of sewage within their area of jurisdiction.

 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.
 The Department of Health shall set, revise and enforce drinking water
quality standards.

 The Department of Science and Technology shall evaluate, verify,

develop and disseminate pollution prevention and cleaner production
technologies.

 The Department of Education, Commission on Higher Education,

Department of Interior and Local Government, and the Philippine
Information Agency shall prepare and implement a comprehensive
and continuing public education and information program.
HOW WILL WATER QUALITY BE
MANAGED?
 Management of water quality will either be based on watershed, river
basin or water resources region. Water quality management areas
with similar hydrological, hydrogeological, meteorological or
geographic conditions which affect the reaction and diffusion of
pollutants in water bodies are to be designated by the DENR in
coordination with the National Water Resources Board (NWRB).

WHO WILL MANAGE THESE AREAS?

 Management will be localized. Multi-sectoral governing boards will be
established to manage water quality issues within their jurisdiction.
WHO ARE THE MEMBERS OF THE GOVERNING BOARDS?

 Governing Boards shall be composed of representatives of mayors and

governors as well as local government units, representatives of relevant
national government agencies, duly registered non-government organizations,
the concerned water utility sector and the business sector.

WHAT ARE THE FUNCTIONS OF THE GOVERNING

BOARDS?

 The Governing Boards will formulate strategies to coordinate policies

necessary for the effective implementation of this Act. They will create a
multi-sectoral group to establish and effect water quality surveillance and
monitoring.
HOW WILL DISCHARGES OF WASTEWATER BE CONTROLLED?

 All owners or operators of facilities that discharge wastewater are

required to get a permit to discharge from the DENR or the Laguna
Lake Development Authority. Existing industries without any permit
are given 12 months from the effectivity of the implementing rules and
regulations (IRR) promulgated pursuant to this Act to secure a permit
to discharge.
 HOW WILL DOMESTIC WASTEWATER BE ADDRESSED?

 The Department of Public Works and Highways (DPWH), in coordination with local
government units will prepare a national program on sewage and septage
management not later than 12 months from effectivity of this Act. A priority list will
likewise be prepared which will be the basis for the allotment of funds on an annual
basis by the national government for the construction and rehabilitation of required
facilities.
 On the other hand, LGUs are to provide the land including road right of the way for
the construction of sewage and/or septage treatment facilities and raise funds for
the operations and maintenance of said facilities.
 The Department of Health (DOH) will formulate guidelines and standards for the
collection, treatment and disposal of sewage as well as the guidelines for the
establishment and operation of centralized sewage treatment system. The MWSS
and other agencies mandated to provide water supply and sewerage facilities are
required to connect existing sewage lines, subject to the payment of sewerage
service charges/fees within five years following effectivity of this Act.
 All sources of sewage and septage are required to comply with the law.
 HOW WILL THE DISCHARGE OF WASTEWATER BE
DISCOURAGED?

Anyone discharging wastewater into a water body will have to pay a

wastewater charge. This economic instrument which will be developed in
consultation with all concerned stakeholders is expected to encourage
investments in cleaner production and pollution control technologies to
reduce the amount of pollutants generated and discharged.
Effluent trading per management area will also be allowed.
Rewards will also be given to those whose wastewater discharge is better
than the water quality criteria of the receiving body of water. Fiscal and
non-fiscal incentives will also be given to LGUs, water districts, enterprise,
private entities and individuals who develop and undertake outstanding and
innovative projects in water quality management.
WHAT SAFEGUARDS ARE PROVIDED FOR?

 All possible dischargers are required to put up an environmental

guarantee fund (EGF) as part of their environmental management plan.
The EGF will finance the conservation of watersheds and aquifers, and the
needs of emergency response, clean up or rehabilitation.
 WHAT ARE THE PROHIBITED ACTS UNDER R.A. 9275?

 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
 Operating facilities that discharge regulated water pollutants without the
valid required permits
 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)
 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
 Directly using booster pumps in the distribution system or tampering with
the water supply in such a way to alter or impair the water quality
 Operate facilities that discharge or allow to seep, willfully or through grave
negligence, prohibited chemicals, substances, or pollutantslisted under R.A.
No. 6969, into water bodies.
 Undertake activities or development and expansion of projects, or operating
wastewater treatment/sewerage facilities in violation of P.D.1586 and its
IRR.
 WHAT ARE THE FINES AND PENALTIES IMPOSED ON
POLLUTERS?
 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
100,000 per day of violation. 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.