Philippine Clean Water Act (RA9275) PDF

Philippine Clean Water Act (RA9275) Permitting Requirements Engr. John Andrew A. Tiria, MSc.  1. Overview of the Philippine Clean Water Act OUTLINE 2. Monitoring of Volume of Discharge 3. General Effluent Standard(GES) 4....

Philippine Clean Water Act (RA9275) Permitting Requirements Engr. John Andrew A. Tiria, MSc.  1. Overview of the Philippine Clean Water Act OUTLINE 2. Monitoring of Volume of Discharge 3. General Effluent Standard(GES) 4. Permitting Legal Basis 5. Permit Fee 6. Wastewater Discharged Fee/Load- Based Fee (WDF/LBF) 7. Prohibited Acts and Penal Provision  RA9275 the PHILIPPINE Clean water act of 2004 and its implementing rules and regulation (DAo 05-10) DENR ADMINISTRATIVE ORDER 05-10 The Philippine Clean Water Act of 2004 (RA9275) An act providing for a comprehensive water quality management and for other purposes 4  Why We need PCWA? 1996 Monitoring of the country’s rivers showed that: ○ 51% of the classified rivers still meet the standard for their beneficial use ○ 49% Already polluted from domestic, commercial, industrial and agricultural sources. Study: 31% of the disease in the Philippines is caused by polluted waters 5 Philippine clean water act (RA 9275) Enacted on March 22, 2004 by President Gloria Macapagal-Arroyo Published on April 21, 2004 Took effect on May 6, 2004 Implementing rules and regulation of the PCWA of 2004 (DAO05-10) SIGNED by the secretary on May 16, 2005 OBJECTIVES To protect the country’s water bodies from pollution from land-based sources To provide comprehensive and integrated strategy to prevent and minimize pollution through multi- sectoral and participatory approach involving all stakeholders. 7 What are the Coverage This Act shall apply to: Water quality management in all water of the act? bodies Abatement and control of pollution from land-based sources Enforcement of water quality standards, regulation and penalties  OTHER GOVERNMENT AGENCIES Department of Philippine Science and Sec. 22. Linkage coast guard technology Mechanism Department of Department of public works health and highways DEPARTMENT OF AGRICULTURE  The Philippine Coast Guard shall enforce water government agencies are: quality standards in marine waters, specifically The roles of other key from offshore sources. The DPWH, 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 DA 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 10 activities.  The DOH shall set, revise, and enforce government agencies are: drinking water quality standards. The roles of other key The DOST shall evaluate, verify, develop and disseminate pollution prevention and cleaner production technologies. The Department of Education, Commission on Higher Education, DILG, and the Philippine Information Agency shall prepare and implement a comprehensive and continuing public education11 and information program. Sec. 19. Role of DENR Review and set effluent 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 12  Permitting legal Basis Wastewater discharge permit o A legal authorization to discharge wastewater, as granted by DENR o Owners or operators of facilities that discharge regulated effluent into Philippine waters and/or land shall secure a permit to discharge. (Section 14 of DAO 2005-10)  Wastewater TERMINOLOGY waste in liquid state containing pollutants effluent discharges from known source which is passed into a body of water or land, or wastewater flowing out of a manufacturing plant, industrial plant, including domestic, commercial and recreational facilities discharge The act of spilling, leaking, pumping, pouring, emitting, emptying, releasing or dumping of any material into a water body or onto land from which it might flow or drain into water. Application period 30 Processing of the application within thirty working days  Sec 7. Acceptable Flow Measuring volume of discharge Procedures Monitoring of the o All regulated industries are required to install a flow metering device at the outlet. o The flow metering device shall indicate a verifiable flow rate, preferably in metric units (m3/h). 16  Sec 7. Acceptable Flow Measuring volume of discharge Procedures Monitoring of the o Acceptable flow metering devices include weirs or flumes for open channel and variable area type, pitot tube type, magnetic, or o Doppler effect flow meter for closed pipes 17 and GENERAL EFFLUENT STANDARD of 2016 DAO 2016-08: Water QUALITY GUIDELINES Industry-specific, technology-based standards that limit the amount of industrial wastewater pollutants being discharged into waters Parameters are based on the Industry Category and the standard value is based on the classification of the receiving body of water (DAO 2016-08). 18 Effluent Standard Legal restriction or limitation on quantities, rates and/or concentration of physical, chemical or biological parameters of effluent which a point source is allowed to discharge into a body of water or land 19 Scope and Coverage of dao Section 3.0 The General Effluent Standard (GES) applies to all point sources 2016-08 of pollution, regardless of volume, that discharge to receiving body of water or land. 20  Classification of water bodies (FRESH water) 21  Classification of water bodies (MARINE WATER) 22  Classification of water bodies (MARINE WATER) 23  Significant effluent quality parameters per sector Table 8 of DAO 2016-08 24  Significant effluent quality parameters per sector Table 8 of DAO 2016-08 25  Significant effluent quality parameters per sector Table 8 of DAO 2016-08 26  Significant effluent quality parameters per sector Table 8 of DAO 2016-08 27  Significant effluent quality parameters per sector Table 8 of DAO 2016-08 28  Significant effluent quality parameters per sector Table 8 of DAO 2016-08 29  Significant effluent quality parameters per sector Table 8 of DAO 2016-08 30  Significant effluent quality parameters per sector Table 8 of DAO 2016-08 31  Significant effluent quality parameters per sector Table 8 of DAO 2016-08 32  Significant effluent quality parameters per sector Table 8 of DAO 2016-08 33  Significant effluent quality parameters per sector Table 8 of DAO 2016-08 34  Significant effluent quality parameters per sector Table 8 of DAO 2016-08 35  Significant effluent quality parameters per sector Table 8 of DAO 2016-08 36  Significant effluent quality parameters per sector Table 8 of DAO 2016-08 37  Significant effluent quality parameters per sector Table 8 of DAO 2016-08 38  Significant effluent quality parameters per sector Table 8 of DAO 2016-08 39  Significant effluent quality parameters per sector Table 8 of DAO 2016-08 40  Effluent Standards (Table 9 of Dao 2016-08) 41  Updated Water Quality Guidelines (WQG) and General DAO 2021-19 Effluent Standards (GES) for Selected Parameters Ammonia as NH3-N Boron Copper as Dissolved Copper Fecal Coliform Phosphate as Phosphorus (Total, Reactive) Sulfate 42 PERMIT FEE Application Fee – Php 55.00 Documentary stamp Tax (DST) – PHP 30.00 Legal Research Fee (LRF): PD1856 – Php 10.00  1. How much is the Permit Fee if the mining EXAMPLE:company has a daily effluent discharge rate of 50 m3? Solution: Mining has heavy metals thus annual fee is 3,100.00 If the application is 5yrs. Permit Fee = (3,100.00)(5yrs) = 15,000.00  2. How much is the total payment? EXAMPLE: Solution: Total Payment = PF+AF+DST+LRF = 15,000+55+30+10 = 15,595.00 Section 13. Wastewater The Department shall implement a wastewater charge system in all management areas including the Laguna Charge system Lake Region and Regional Industrial Centers through the collection of wastewater charges/fees. The system shall be established based on payment to the government for discharging wastewater into the water bodies. Section 13. Wastewater Wastewater charges shall be established taking into consideration the following: a) To provide strong economic inducement for Charge system polluters to modify their production or management processes or to invest in pollution control technology to reduce the amount of water pollutants generated; b) To cover the cost of administering water quality management or improvement programs; c) Types of pollutant; d) Classification of the receiving water body; and e) Other special attributes of the water body  A wastewater charge system is hereby Section 13. Wastewater implemented in all areas including non- Charge system attainment areas, the Laguna Region and Regional Industrial Centers through the collection of wastewater discharge fees from all sources of wastewater discharge to include, but not limited to, effluent from wastewater treatment plant (WTP) and sewage treatment plant(STP), and discharges from water treatment facilities.  𝑊𝐷𝐹 = 𝐿! 𝑥𝑅 RULE 13.1. The Wastewater Discharge formula Where: R is the rate per kilogram (Php/kg) -5.00 per kg for priority pollutant parameter (e.g BOD & TSS) 𝐿! = net waste load (kg/yearr) 𝐿 #$% = 𝐶) − 𝐶* 𝑄) 𝑥𝑁) 𝑥0.001 !( &'' ) 𝑪𝒇 average daily effluent concentration limit (mg/L) for priority pollutant (BOD or TSS)  𝐂𝐚 = average water quality concentration RULE 13.1. The Wastewater limit for priority pollutant (BOD or TSS) of Discharge formula the abstracted or intake water 𝐐𝐟 = average daily volumetric flow measurement or final discharge effluent (m# /d) 𝐍𝐟 =total number of discharge days in a year (days/year)  1. How much is wastewater Discharge Fee (WDF/LBF), if company A has an average volume of discharge of 120 cu. m/day in 6days EXAMPLE: per week. The table shows the recent laboratory results. Parameter Effluent Abstracted Result Result BOD 80mg/L 30mg/L Solution: 1. 𝑁! =(6 days/week)(4 weeks/mon.)(12mons) = 288 days 𝐿 $%& = 𝐶! − 𝐶* 𝑄! 𝑥𝑁! 𝑥0.001 "( '(( ) +,-. 0,-. 12,-& 2++3*45 1,92+:. 2. 𝐿"(!"#) = / − / 3*4 46*7 0.001 = 46*7 $%% 192+:. 3. 𝑊𝐷𝐹 = 𝐿" 𝑥 𝑅 = 𝑃ℎ𝑝 5.00 = 𝟖, 𝟔𝟒𝟎. 𝟎𝟎 46*7 recycled w/ zero discharge Industries that recycle their Rule 13. 7. Wastewater wastewater without discharge into any water body or land shall pay only the permit fee under Rule 14. Rule 14.13. POSTING of The permittee shall display the permit on the facility or permit installation in such manner as to be clearly visible, and accessible always.  In case of sale or legal transfer Rule 14.13. POSTING of of a facility covered by a permit, the permittee shall notify the permit department through the bureau of such and the name and address of the transferee within 30 days from the date. A. Pollution of Water Body Discharging, depositing or causing to be deposited materials of any kind directly or indirectly into water bodies which could cause water pollution or impede natural flow into the water body. B. Groundwater Pollution Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form that would pollute groundwater. C. Facility Discharge without Permit 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. D. Disposal of Infectious Waste from Vessel Disposal of potentially infectious medical waste into sea water by vessels. E. Unauthorized Transport Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as define dunder RA 9003 F. Chemical Dumping Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under RA 6969. G. Illegal Facilities Operate facilities that discharge or allow to seep willfully or through gross negligence prohibited chemicals, substances or pollutants listed under RA 6969. H. Sewerage Development / Expansion against EIA Undertaking activities or development and expansion of projects in violation of PD 1586 and its IRR; or Operating of wastewater/sewerage facilities in violation of PD 1586 and its IRR. I. Illegal Discharge Discharging regulated water pollutants without the valid discharge permit pursuant to this act or after the permit was revoked for any violation of any condition therein. J. Non-compliance of the LGU with the Water Quality Framework and Management Area Action Plan In such case, sanctions shall be imposed on local government officials concerned. K. Refusal to allow entry, inspection and monitoring L. Refusal to allow access to relevant reports and records in accordance with this Act. M. Refusal or failure to submit reports when required. N. Refusal or failure to designate Pollution Control Officers O. Directly using Booster Pumps in the distribution system or tampering with the water supply such a way as to alter or impair the water quality Fines, damages and Violation Penalty/Civil Liability Any person who commits any of the Fine of less than PhP 10,000.00 prohibited acts provided or but not more than PhP 200,000.00 violates any of the provisions of for everyday of violation (upon this act or its implementing rules recommendation of the PAB) penalties and regulations Failure to undertake clean-up Imprisonment not 4 years. A fine of not PhP 50,000.00 but not > PhP 100,000.00/day of violation. Failure or refusal to clean-up which Imprisonment of not < 6 years and results in serious injury or loss of 1 day and not > 12 years and fine of life or lead to irreversible water PhP 500,000/ day for each day contamination violation.  Gross Violation Penalty/Civil Liability Fines, damages and Deliberate discharge of toxic Criminal Charges on pollutants identified in RA 6969. offenders and fine of not penalties Five (5) or more violations within less than PhP 500,00.00 a period of 2 years but not more than PhP 3,000,000.00 for EACH Blatant disregard of orders of the DAY of violation or PAB, such as non-payment of imprisonment of not less fines, breaking of seals or than 6 years but not operating despite existence of an order for closure, discontinuance more than 10 years or or cessation of operation. BOTH, at the discretion of court. (administrative cases) Operating without Discharge Permit Other penalties (DP) Expired Permit PAB Resolution 23,579.48 2019-01 Failure to designate a PCO Failure to submit report (SMR) MEMORANDUM CIRCULAR Clarification in the implementation of Rules 13.8 2020-006 (Wastewater Charges in ECOZONE) and 14.8 (Pollution Sources Connected to Sewerage Systems) of DAO 2005-10.  1. The wastewater discharge fee MEMORANDUM CIRCULAR shall be paid by the operator of the wastewater treatment plant (WTP) 2020-006 located within ECOZONES. Provided, that industries within ECOZONES that are not connected to the WTP shall be liable for the wastewater charges individual.  2. Pollution sources currently discharging MEMORANDUM CIRCULAR to existing sewerage systems with operational wastewater treatment 2020-006 facilities shall be exempt from the permit requirement. Provided that, in the absences of, or pending the establishment of a sewage system, pollution sources shall be covered by the permit requirement. MEMORANDUM CIRCULAR As such, the following are the Clarification in the implementation of Rule 13.8 and 14.8 of DAO 2005-10: Water service providers, Economic 2020-006 Zones (ECOZONES), Business Districts, Industrial Estates and similar business parks shall put up adequate WTP, secure a Discharge Permit (DP), and pay the corresponding wastewater discharge fee. MEMORANDUM CIRCULAR Clarification in the implementation of Rules 13.8 and 14.8 of DAO 2005-10 Malls and buildings that are not connected to 2020-006 centralized WTP are similarly required to put up their WTP and secure DP. Locators and establishments that are not connected to existing WTP are required to secure Discharge Permit (DP) individually and shall be liable for its wastewater charges. MEMORANDUM CIRCULAR Clarification in the implementation of Rules 13.8 and 14.8 of DAO 2005-10 Locators and establishments/stores that are 2020-006 connected to existing WTP of ECOZONES and malls/buildings, respectively are exempted from securing DP. However, a certificate of interconnection/connection must be issued by the operator of the said WTP and said certificate must be submitted to the concerned EMB Regional Office.  THANKS! ENGR. JOHN ANDREW A. TIRIA [email protected] CREDITS: This presentation template was created by Slidesgo, including icons Chemical Engineer/Environmental by Flaticon, and infographics & images by Freepik. Engineer