Salient Features of RA 9275 (The Philippine Clean Water Act of 2004) PDF

Republic Act No. 9275 “The Philippine Clean Water Act of 2004” “An Act Providing for a Comprehensive Water Quality Management and For Other Purposes” DAO 2005-10: Implementing Rules and Regulations of the Philippine Clean Water Act of 2004 ▪ Provides for a comprehensive and integrated strategy to pr...

Republic Act No. 9275 “The Philippine Clean Water Act of 2004” “An Act Providing for a Comprehensive Water Quality Management and For Other Purposes” DAO 2005-10: Implementing Rules and Regulations of the Philippine Clean Water Act of 2004 ▪ Provides for a comprehensive and integrated strategy to prevent and minimize pollution through a multi-sectoral and participatory approach involving all the stakeholders. March 22, 2004 April 21, 2004 May 6, 2004 May 16, 2005 May 26, 2005 Milestone Dates for RA 9275 Clean Water Act was enacted Publication of CWA Effectivity of CWA IRR signed (DAO 2005-10) Publication of IRR Existing Water Resources in the Philippines Source: National Water Resources Board (NWRB) and DENR Water Quality Status Report A. Coastal and Marine Waters ‒ Cover an area of about 255,000 km2, including bays and gulfs ‒ Coastline stretches to about 17,460 km and coral reefs cover about 27,000 km2 ‒ 64 of 79 provinces are in coastal areas B. Inland Water ▪ Groundwater: aggregate area about 50 km2 ▪ Lakes: 79 ▪ Rivers: ‒ Major River Basins (drainage are not less than 1,4000 km2) - 18 ‒ Principal Rivers (with drainage area not less than 40 km2) - 421 Salient Features of RA 9275 or “The Philippine Clean Water Act of 2004” │ 1 Prepared by: Engr. MAAbellera SECTION 2 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 3 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 INSTITUTIONAL MECHANISM Section 19. Lead Agency Department of Environment and Natural Resources (DENR) ▪ Primary agency responsible in the implementation and enforcement ‒ Review and set effluent standards ‒ Review and enforce water quality guidelines ‒ Classify groundwater sources and prepare a national groundwater vulnerability map ‒ Establish internally accepted procedures for sampling and analysis ‒ Prepare an integrated water quality management framework and subsequently prepare 10-yr management plans for each water management area Section 20. Role of Local Government Units ▪ Local government units shall share the responsibility in the management and improvement of water quality within their territorial jurisdictions. ▪ LGUs shall prepare a compliance scheme of the Water Quality Management Area (WQMA) subject to review and approval of the Governing Board ▪ Thru their Environment and Natural Resources Office (ENRO) established in RA No. 7160, LGUs shall have the following powers and functions; a) Monitoring of water quality; b) Emergency response; c) Compliance with the framework of the Water Quality Management Action Plan; d) To take active participation in all efforts concerning water quality protection and rehabilitation; and e) To coordinate with other government agencies and civil society and the concerned sectors in the implementation of measures to prevent and control water pollution Section 21. Business and Industry Role in Environmental Management ▪ The Department and the LGUs, in coordination with the appropriate government agencies and in consultation with the business and industrial sectors including commerce, shall formulate appropriate incentives for the adoption procedures that will preserve and protect our water bodies through the introduction of innovative equipment and processes that reduce if totally eliminate discharge of pollutants into our water bodies. Salient Features of RA 9275 or “The Philippine Clean Water Act of 2004” │ 2 Prepared by: Engr. MAAbellera Section 22. Linkage Mechanism Chapter 2 WATER QUALITY MANAGEMENT SYSTEM Section 5. Water Quality Management Area 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. Section 5. Water Quality Management Area The Coverage of WQMA Designation includes a. Surface waters ‒ natural or man made ‒ streams (rivers and creeks) ‒ Lakes ‒ marine waters b. Land around the hydrologic unit ‒ residential, industrial, commercial, agricultural, tourism, forest and protection areas (Groundwater resource not included) Salient Features of RA 9275 or “The Philippine Clean Water Act of 2004” │ 3 Prepared by: Engr. MAAbellera Composition and Organizational Set-up of the WQMA Governing Board Chairman: Secretary of the Department of Environment & Natural Resources Members: ‒ Representatives of Mayors and Governors of member LGUs ‒ Representatives of relevant government agencies ‒ Duly registered NGOs ‒ Water Utility Sector ‒ Business Sector ‒ Academe 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. There are forty (40) officially- designated WQMAs managed by the Environmental Management Bureau Section 6. Management of Non-attainment Areas The Department shall designate water bodies, or portions thereof, where specific pollutants from either natural or man-made source have already exceeded water quality guidelines as nonattainment areas for the exceeded pollutants. It shall prepare and implement a program that will not allow new sources of exceeded water pollutant in non-attainment areas without a corresponding reduction in discharges from existing sources. The Department shall, in coordination with NWRB, Department of Health (DOH), Department of Agriculture (DA), governing board and other concerned government agencies and private sectors shall take such measures as may be necessary to upgrade the quality of such water in non-attainment areas to meet the standards under which it has been classified. The LGUs shall prepare and implement contingency plans and other measures including relocation, whenever necessary, for the protection of health and welfare of the residents within potentially affected areas. Section 7. National Sewerage and Septage Management Program The Department of Public Works and Highways (DPWH), through its relevant attached agencies, in coordination with the Department, local government units (LGUs) and other concerned agencies, shall, as soon as possible, but in no case exceeding a period of twelve (12) months from the affectivity of this Act, prepare a national program on sewerage and septage management. ▪ A priority listing of sewerage, septage and combined sewerage-septage projects for LGUs based on relevant considerations for the protection of water quality ▪ LGUs may enter into Build-Operate-Transfer (BOT) or joint venture agreement with private sector for constructing, rehabilitating and/or operation of such facilities ▪ Each LGU shall appropriate the necessary land, including the required rights-of-way/road access to the land for the construction of the sewage and/or septage treatment facilities Salient Features of RA 9275 or “The Philippine Clean Water Act of 2004” │ 4 Prepared by: Engr. MAAbellera Section 8. Domestic Sewage Collection, Treatment and Disposal ▪ All subdivisions, condominiums, commercial centers, hotels, sports and recreational facilities, hospitals, market places, public buildings, industrial complex and other similar establishments including households shall be required to connect their sewage lines or utilized their own sewerage system. ▪ 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. ▪ The DOH, in coordination with other government agencies, shall formulate guidelines and standards for the collection, treatment and disposal of sewage including guidelines for the establishment and operation of centralized sewage treatment system. DOH AO 2019-0047: National Standard on the Design, Construction, Operation and Maintenance of Septic Tank Systems Objectives: to set a national standard on the design, construction/installation, operation and maintenance of septic tank as the major component of basic sanitation facilities and other alternative sanitation technology design DILG MC 2019-62 dated April 22, 2019: Policy and Guidelines on Sewage Treatment and Sewage Management System Purpose: to reiterate the roles of LGUs in the delivery of basic services relative to the implementation of sewage treatment and septage management system within their respective territorial jurisdiction How do we classify and determine quality of our waterbodies? ▪ DAO 2016-08: Water Quality Guidelines and General Effluent Standards of 2016 (May 24, 2016) ‒ (repealed 1987 NPCC Rules and Regulations, Effluent Regulations of 1982, DAO 1990-34, and modified DAO 1990-35) ▪ DAO 2021-19: Updated Water Quality Guidelines (WQG) and General Effluent Standards (GES) for Selected Parameters (June 30, 2021) DAO 2016-08: Water Quality Guidelines and General Effluent Standards of 2016 Section 2: Objectives ✓ For the CLASSIFICATION of water bodies in the country; ✓ Determination of TIME TRENDS and evaluation of stages of deterioration/enhancement in water quality; ✓ Evaluation of the need for taking actions in preventing, controlling or abating water pollution; ✓ Designation of WQMA ✓ Set the General Effluent Standards (GES) Salient Features of RA 9275 or “The Philippine Clean Water Act of 2004” │ 5 Prepared by: Engr. MAAbellera Section 3: Scope and Coverage Section 5: Classification of Waterbodies Water Body ‒ means both 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 ‒ 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 and manufacturing. Salient Features of RA 9275 or “The Philippine Clean Water Act of 2004” │ 6 Prepared by: Engr. MAAbellera Section 6: Water Quality Guidelines This Rules and Regulations was established to maintain and preserve the quality of all bodies of water based on their intended beneficial usage to prevent and abate pollution to protect public health, aquatic resources, and other living organisms. ▪ Primary Parameters – required minimum water quality parameters to be monitored for each water body. ▪ Secondary Parameters – other water quality parameters that shall be used in baseline assessments as part of the Environmental Impact Assessment and other water quality monitoring purposes. **Refer to DAO 2016-08: WQG of different water quality parameters, Section 6.2, Section 6.3, Section 7 (GES), Section 7.1, Section 7.3, and Section 8. Strong Wastewater ‒ refers to wastewater whose initial Biochemical Oxygen Demand (BOD) value before treatment is equal to or greater than 3,000 mg/L DAO 2021-19: Updated Water Quality Guidelines (WQG) and General Effluent Standards (GES) for Selected Parameters (June 30, 2021) **For the discussion, Refer to the copy of this DAO Salient Features of RA 9275 or “The Philippine Clean Water Act of 2004” │ 7 Prepared by: Engr. MAAbellera Section 14. Discharge Permits The Department shall require owners or operators of facilities that discharge regulated effluents pursuant to this Act to secure a permit to discharge. ▪ Discharge permit ‒ legal authorization granted by the Department to discharge wastewater ‒ shall specify among others, the quantity and quality of effluent that said facilities are allowed to discharge into a particular water body, compliance schedule and monitoring requirement. As part of the permitting procedure, the Department shall encourage the adoption of waste minimization and waste treatment technologies when such technologies are deemed cost effective. Examples of Water Pollution Control Structures and Facilities 1. Sewage Treatment Facilities 2. Septic tanks 3. Industrial Wastewater Treatment Facilities 4. Tailings Disposal Facilities 5. Oil Water Separator Systems 6. Grease/Oil Traps 7. Tail Race Waters 8. Siltation Ponds Section 14.1 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 EMB Regional Office. ✓ Industries without permit, have 12 months after IRR effectivity to secure permit. Section 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 ✓ The Department may, however, renew the discharge permit valid for a longer period if the applicants has adopted waste minimization and waste treatment technologies, consistent with incentives currently provided has been paying the permit fees on time. Section 14.11 Grounds for Suspension or Revocation of Permits 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. c. Deliberate or negligent of false monitoring data or report required in the discharge permit d. Refusal to allow lawful inspection conducted by the Department through the Bureau of duly authorized personnel e. Non-payment of appropriate wastewater discharge fees within a 30-day cure period from the date of such payment is due f. Other grounds provided by law. Salient Features of RA 9275 or “The Philippine Clean Water Act of 2004” │ 8 Prepared by: Engr. MAAbellera Section 14.19 Pollution Sources Connected to a 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. CIVIL LIABILITY AND PENAL PROVISIONS DAO 2016-08: Water Quality Guidelines and General Effluent Standards of 2016 Salient Features of RA 9275 or “The Philippine Clean Water Act of 2004” │ 9 Prepared by: Engr. MAAbellera Prohibited Acts in RA 9275 (Section 27 of RA 9275 and its IRR) 1. 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. 2. Disposal of potentially infectious medical waste into sea water by vessels; 3. Unauthorized transport or dumping into sea waters of sewage sludge or solid waste; 4. Transport, dumping or discharge of prohibited chemicals or pollutants; 5. Operate facilities that discharge or allow to seep willfully prohibited chemicals, substance or pollutants listed under RA 6969 into water bodies; 6. Undertaking activities or development and expansion of projects, or operating ww/sewerage facilities in violation of PD 1586; 7. Discharging regulated water pollutants without the valid DP; 8. Non-compliance of the LGU with the WQ Framework and WQMA Action Plan; 9. Refusal to allow access by the DENR to relevant reports and records; 10. Refusal or failure to submit reports whenever required by the DENR; 11. Refusal or failure to designate PCO whenever required by the DENR; and 12. Direct use of booster pumps in the distribution system or tampering with the water supply Salient Features of RA 9275 or “The Philippine Clean Water Act of 2004” │ 10 Prepared by: Engr. MAAbellera