Philippine Clean Water Act (Republic Act No. 9275) Syllabus PDF

PHILIPPINE CLEAN WATER d) To formulate an integrated ACT (Republic Act No. 9275) water quality management framework through proper A. State Policy delegation and effective SEC. 2....

PHILIPPINE CLEAN WATER d) To formulate an integrated ACT (Republic Act No. 9275) water quality management framework through proper A. State Policy delegation and effective SEC. 2. Declaration of Policy. - The coordination of functions and State shall pursue a policy of activities; economic growth in a manner e) To promote commercial and consistent with the protection, industrial processes and products preservation and revival of the that are environment friendly and quality of our fresh, brackish and energy efficient; marine waters. To achieve this f) To encourage cooperation and end, the framework for sustainable self-regulation among citizens and development shall be pursued. As industries through the application such, it shall be the policy of the of incentives and market-based State: instruments and to promote the role of private industrial a) To streamline processes and enterprises in shaping its procedures in the prevention, regulatory profile within the control and abatement of pollution acceptable boundaries of public of the country’s water resources; health and environment; b) To promote environmental g) To provide for a comprehensive strategies, use of appropriate management program for water economic instruments and of pollution focusing on pollution control mechanisms for the prevention; protection of water resources; h) To promote public information c) To formulate a holistic national and education and to encourage program of water quality the participation of an informed management that recognizes that and active public in water quality water quality management issues management and monitoring; cannot be separated from concerns i) To formulate and enforce a about water sources and ecological system of accountability for short protection, water supply, public and long-term adverse health and quality of life; MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 1 environmental impact of a project, water bodies, or otherwise share program or activity; and common interest or face similar j) To encourage civil society and development programs, prospects, other sectors, particularly labor, or problems. the academe and business undertaking environment-related Said management area shall be activities in their efforts to governed by a governing board organize, educate and motivate the composed of representatives of people in addressing pertinent mayors and governors of member environmental issues and local government units (LGUs), problems at the local and national and representatives of relevant levels. national government agencies, duly registered non governmental B. Water Quality Management organization, water utility sector, Area and business sector. SEC. 5. Water Quality Management Area. - The The Department representative Department, in coordination with shall chair the governing board. In National Water Resources Board the case of the LGUs with (NWRB), shall designate certain memberships on more than one (1) areas as water quality management board, the LGU shall management areas using designate only one (1) single appropriate physiographic units representative for all the such as watershed, river basins or management areas where it is a water resources regions. member. The governing board shall formulate strategies to coordinate Said management areas shall have policies necessary for the effective similar hydrological, implementation of this Act in hydrogeological, meteorological or accordance with those established geographic conditions which affect in the framework and monitor the the physicochemical, biological compliance with the action plan. and bacteriological reactions and Each management area shall diffusions of pollutants in the create a multi-sectoral group to MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 2 establish and effect water quality d) One (1) member shall be a surveillance and monitoring Geologist or Biologist or have network including sampling significant training and experience schedules and other similar in closely related fields. activities. The group shall submit its report and recommendation to The areas within the jurisdiction of the chairman of the governing the Laguna Lake Development board. Authority (LLDA) shall be designated as one management A technical secretariat for each area under the administration of management area is hereby LLDA in accordance with Republic created which shall be part of the Act No. 4850, as amended: Department and shall provide Provided, however, That the technical support to the governing standards promulgated pursuant board. They shall be composed of to this Act and wastewater charge at least four (4) members who shall system established pursuant have the following minimum hereof shall be enforced in said qualifications: area. a) One (1) member shall be a C. Sewage and Septage member of the Philippine Bar; Management Program b) One (1) member shall be a SEC. 7. National Sewerage and Chemical Engineer, Chemist, Septage Management Program. - Sanitary Engineer, Environmental The Department of Public Works Engineer or Ecologist or have and Highways (DPWH), through its significant training and experience relevant attached agencies, in in chemistry; coordination with the Department, c) One (1) member shall be a Civil LGUs and other concerned Engineer or Hydrologist or have agencies, shall, as soon as significant training and experience possible, but in no case exceeding in closely related fields and mainly a period of twelve (12) months from experience on ground water, the effectivity of this Act, prepare respectively; and a national program on sewerage MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 3 and septage management in taxes and enforcement of a service connection with Section 8 hereof. fee system. Such program shall include a D. Domestic Sewage, Collection, priority listing of sewerage, septage Treatment and Disposal and combined sewerage-septage SEC. 8. Domestic Sewage projects for LGUs based on Collection, Treatment and population density and growth, Disposal. - Within five (5) years degradation of water resources, following the effectivity of this Act, topography, geology, vegetation, the agency vested to provide water programs/projects for the supply and sewerage facilities rehabilitation of existing facilities and/or concessionaires in Metro and such other factors that the Manila and other highly urbanized Secretary may deem relevant to the cities (HUCs) as defined in protection of water quality. On the Republic Act No. 7160, in basis of such national listing, the coordination with LGUs, shall be national government may allot, on required to connect the existing an annual basis, funds for the sewage line found in all construction and rehabilitation of subdivisions, condominiums, required facilities. Each LGU shall commercial centers, hotels, sports appropriate the necessary land, and recreational facilities, including the required hospitals, market places, public rights-ofway/ road access to the buildings, industrial complex and land for the construction of the other similar establishments sewage and/or septage treatment including households to available facilities. sewerage system: Provided, That the said connection shall be Each LGU may raise funds to subject to sewerage services subsidize necessary expenses for charge/fees in accordance with the operation and maintenance of existing laws, rules or regulations sewerage treatment or septage unless the sources had already facility servicing their area of utilized their own sewerage jurisdiction through local property system: Provided, further, That all MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 4 sources of sewage and septage wastewater into the water bodies. shall comply with the requirements Wastewater charges shall be herein. In areas not considered as established taking into HUCs, the DPWH in coordination consideration the following: with the Department, DOH and other concerned agencies, shall (a) To provide strong economic employ septage or combined inducement for polluters to modify sewerage-septage management their production or management system. processes or to invest in pollution control technology in order to For the purpose of this section, the reduce the amount of water DOH, in coordination with other pollutants generated; government agencies, shall (b) To cover the cost of formulate guidelines and administering water quality standards for the collection, management or improvement treatment and disposal of sewage programs; including guidelines for the (c) Reflect damages caused by establishment and operation of water pollution on the surrounding centralized sewage treatment environment, including the cost of system. rehabilitation; (d) Type of pollutant; E. Wastewater Charge System (e) Classification of the receiving SEC. 13. Wastewater Charge water body; and System. – The Department shall (f) Other special attributes of the implement a wastewater charge water body. system in all management areas including the Laguna Lake Region The fee shall be based on the net and Regional Industrial Centers waste load depending on the through the collection of wastewater charge formula which wastewater charges/fees. The shall be established with due system shall be established on the public consultation within six (6) basis of payment to the months from the effectivity of this government for discharging Act: Provided, That net waste load MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 5 shall refer to the difference of the among others, the quantity and initial waste load of the abstracted quality of effluent that said water and the waste load of the facilities are allowed to discharge final effluent discharge of an into a particular water body, industry: Provided, further, That compliance schedule and no net waste load shall be lower monitoring requirement. As part of than the initial waste load: the permitting procedure, the Provided, finally, That wastewater Department shall encourage the charge system shall not apply to adoption of waste minimization wastewater from geothermal and waste treatment technologies exploration. Industries whose when such technologies are water effluent are within standards deemed cost effective. The promulgated pursuant to this Act, Department shall also develop shall only be charged with minimal procedures to relate the current reasonable amount which shall be water quality guideline or the determined by the Department projected water quality guideline of after due public consultation, the receiving water body/ies with giving account to volumetric rate of total pollution loadings from discharge and the effluent various sources, so that effluent concentration. quotas can be properly allocated in the discharge permits. For F. Discharge Permit industries without any discharge SEC. 14. Discharge Permits. – The permit, they may be given period of Department shall require owners twelve (12) months after the or operators of facilities that effectivity of the implementing discharge regulated effluents rules and regulations promulgated pursuant to this Act to secure a pursuant to this Act, to secure a permit to discharge. The discharge discharge permit. Effluent trading permit shall be the legal may be allowed per management authorization granted by the area. Department to discharge wastewater: Provided, That the G. Clean-up Operations discharge permit shall specify MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 6 SEC. 16. Clean-Up Operations. - Notwithstanding the provisions of H. Prohibited Acts Sections 15 and 26 hereof, any SEC. 27. Prohibited Acts. - The person who causes pollution in or following acts are hereby pollutes water bodies in excess of prohibited: the applicable and prevailing standards shall be responsible to a) Discharging, depositing or contain, remove and clean-up any causing to be deposited material of pollution incident at his own any kind directly or indirectly into expense to the extent that the the water bodies or along the same water bodies have been margins of any surface water, rendered unfit for utilization and where, the same shall be liable to beneficial use: Provided, That in be washed into such surface water, the event emergency clean-up either by tide action or by storm, operations are necessary and the floods or otherwise, which could polluter fails to immediately cause water pollution or impede undertake the same, the natural flow in the water body; Department, in coordination with b) Discharging, injecting or other government agencies allowing to seep into the soil or concerned, shall conduct sub-soil any substance in any form containment, removal and that would pollute groundwater. In clean-up operations. Expenses the case of geothermal projects, incurred in said operations shall and subject to the approval of the be reimbursed by the persons Department, regulated discharge found to have caused such for short-term activities (e.g. well pollution upon proper testing, flushing, commissioning, administrative determination in venting) and deep re-injection of accordance with this Act. geothermal liquids may be allowed: Reimbursements of the cost Provided, That safety measures are incurred shall be made to the adopted to prevent the Water Quality Management Fund contamination of the groundwater; or to such other funds where said c) Operating facilities that disbursements were sourced. discharge regulated water MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 7 pollutants without the valid its implementing rules and required permits or after the regulations; permit was revoked for any i) Discharging regulated water violation of any condition therein; pollutants without the valid d) Disposal of potentially infectious required discharge permit medical waste into sea water by pursuant to this Act or after the vessels unless the health or safety permit was revoked for any of individuals on board the vessel violation of any condition therein; is threatened by a great and j) Noncompliance of the LGU with imminent peril; the Water Quality Framework and e) Unauthorized transport or Management Area Action Plan. In dumping into sea waters of sewage such a case, sanctions shall be sludge or solid waste as defined imposed on the local government under Republic Act No. 9003; officials concerned; f) Transport, dumping or discharge k) Refusal to allow entry, of prohibited chemicals, inspection and monitoring by the substances or pollutants listed Department in accordance with under Republic Act No. 6969; this Act; g) Operate facilities that discharge l) Refusal to allow access by the or allow to seep, willfully or Department to relevant reports through gross negligence, and records in accordance with prohibited chemicals, substances this Act; or pollutants listed under R. A. No. m) Refusal or failure to submit 6969, into water bodies or wherein reports whenever required by the the same shall be liable to be Department in accordance with washed into such surface, ground, this Act; coastal, and marine water; n) Refusal or failure to designate h) Undertaking activities or pollution control officers whenever development and expansion of required by the Department in projects, or operating wastewater/ accordance with this Act; and sewerage facilities in violation of o) Directly using booster pumps in Presidential Decree No. 1586 and the distribution system or tampering with the water supply in MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 8 such a way as to alter or impair WILDLIFE RESOURCES the water quality. CONSERVATION AND PROTECTION ACT (RA No. I. Pollution Adjudication Board (PAB) 9147) CASES: a. Purpose 1). Summit One Condominium SECTION 2. Declaration of Policy. vs. Pollution Adjudication Board — It shall be the policy of the State (G.R. No. 215029; July 05, 2017) to conserve the country’s wildlife resources and their habitats for 2). Maynilad Water Services Inc. sustainability. In the pursuit of vs. Secretary of DENR (G.R. No. this policy, this Act shall have the 202897, 206823 & 207969; Aug following objectives: 06, 2019) (a) to conserve and protect wildlife species and their habitats to promote ecological balance and enhance biological diversity; (b) to regulate the collection and trade of wildlife; (c) to pursue, with due regard to the national interest, the Philippine commitment to international conventions, protection of wildlife and their habitats; and (d) to initiate or support scientific studies on the conservation of biological diversity. b. Wildlife; definition MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 9 “Wildlife” means wild forms and 3) Exotic species– means species varieties of flora and fauna, in all or subspecies which do not developmental stages, including naturally occur in the country; those which are in captivity or are 4) Extinct species– means being bred or propagated; species or subspecies to be extinct. c. Scope of application SECTION 3. Scope of Application. d. Introduction, Reintroduction, — The provisions of this Act shall or Restocking of endemic or be enforceable for all wildlife Indigenous Wildlife species found in all areas of the SECTION 12. Introduction, country, including protected areas Reintroduction or Restocking of under Republic Act No. 7586, Endemic or Indigenous Wildlife. otherwise known as the National — The introduction, reintroduction Integrated Protected Areas System or restocking of endemic and (NIPAS) Act, and critical habitats. indigenous wildlife shall be allowed This Act shall also apply to exotic only for population enhancement species which are subject to trade, or recovery purposes subject to are cultured, maintained and/or prior clearance from the Secretary bred in captivity or propagated in or the authorized representative the country. pursuant to Section 6 of this Act. 1) Endangered species– refers to Any proposed introduction shall be species or subspecies that is subject to a scientific study which not critically endangered but shall focus on the bioecology. The whose survival in the wild is proponent shall also conduct unlikely if the causal factors public consultations with continue operating; concerned individuals or entities. 2) Endemic species– means species or subspecies which is e. Conservation, Breeding or naturally occurring and found Propagation of Threatened only within specific areas in the Species country; MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 10 SECTION 24. Conservation regularly revise or update such list Breeding or Propagation of or as the need arises. Threatened Species. — Conservation breeding or f. Prohibited Acts propagation of threatened species SECTION 27. Illegal Acts. — shall be encouraged in order to Unless otherwise allowed in enhance its population in its accordance with this Act, it shall natural habitat. It shall be done be unlawful for any person to simultaneously with the willfully and knowingly exploit rehabilitation and/or protection of wildlife resources and their the habitat where the captive-bred habitats, or undertake the or propagated species shall be following acts: released, reintroduced or restocked. (a) killing and destroying wildlife species, except in the following Commercial breeding or instances; propagation of threatened species (i) when it is done as part of may be allowed provided that the the religious rituals of established following minimum requirements tribal groups or indigenous are met by the applicant, to wit: cultural communities; (ii) when the wildlife is (a) Proven effective breeding and afflicted with an incurable captive management techniques of communicable disease; the species; and (iii) when it is deemed (b) Commitment to undertake necessary to put an end to the commercial breeding in accordance misery suffered by the wildlife; with Section 17 of this Act, (euthanasia; example is dog with simultaneous with conservation rabies) breeding. (iv) when it is done to prevent an imminent danger to the The Secretary shall prepare a list life or limb of a human being; and of threatened species for (v) when the wildlife is killed commercial breeding and shall or destroyed after it has been used MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 11 in authorized research or (h) maltreating and/or inflicting experiments. other injuries not covered by the preceding paragraph; and (b) inflicting injury which cripples (i) transporting of wildlife. and/or impairs the reproductive system of wildlife species; (reason: wildlife population control) (c) effecting any of the following acts in critical habitat(s): (i) dumping of waste products detrimental to wildlife; (ii) squatting or otherwise occupying any portion of the critical habitat; (iii) mineral exploration and/ or extraction; (iv) burning; (v) logging; and (vi) quarrying (d) introduction, reintroduction or restocking of wildlife resources; (e) trading of wildlife; (f) collecting, hunting or possessing wildlife, their by-products and derivatives; (g) gathering or destroying of active nests, nest trees, host plants and the like; MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 12 RULES OF PROCEDURE parties based on public interest FOR ENVIRONMENTAL and public policy to protect and CASES (A.M. No. 09-6-8-SC) preserve the environment. A. Objectives Example: Clean Water Act Violation SEC. 3. Objectives.—The objectives of these Rules are: Scenario: A manufacturing company is found to be discharging (a) To protect and advance the pollutants into a nearby river, violating the Clean Water Act. constitutional right of the people to The pollutants exceed the limits a balanced and healthful ecology; set in their National Pollutant Discharge Elimination System (b) To provide a simplified, speedy (NPDES) permit, harming and inexpensive procedure for the aquatic life and affecting the local community's water supply. enforcement of environmental rights and duties recognized under Process: 1. Legal Action: the Constitution, existing laws, rules and regulations, and The EPA, alongside state environmental authorities, files a international agreements; lawsuit against the company (c) To introduce and adopt seeking to halt the violations, enforce compliance, and impose innovations and best practices penalties. ensuring the effective enforcement 2. Negotiation: of remedies and redress for Instead of pursuing a lengthy violation of environmental laws; court trial, the company negotiates a settlement with the and EPA. (d) To enable the courts to monitor They agree to terms outlined in a consent decree to avoid further and exact compliance with orders litigation. and judgments in environmental cases. C. Precautionary Principle – states that when human B. Consent Decree activities may lead to threats of – refers to a judicially-approved serious and irreversible damage to settlement between concerned the environment that is MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 13 scientifically plausible but – refers to an order issued by the uncertain, actions shall be taken court directing or enjoining any to avoid or diminish that threat. person or government agency to SECTION 1. perform or desist from performing Applicability.—When there is a an act in order to protect, preserve lack of full scientific or rehabilitate the environment. certainty in establishing a causal link between human activity and environmental effect, the court SEC. 8. Issuance of Temporary shall apply the precautionary principle in resolving the case Environmental Protection Order before it. (TEPO).—If it appears from the The constitutional right of the verified complaint with a prayer for people to a balanced and the issuance of an Environmental healthful ecology shall be given the benefit Protection Order (EPO) that the of the doubt. matter is of extreme urgency and SEC. 2. Standards for the applicant will suffer grave application.—In applying the injustice and irreparable injury, precautionary principle, the following factors, among others, the executive judge of the multiple- may be considered: sala court before raffle or the (1) threats to human life or presiding judge of a single-sala health; (2) inequity to present or court as the case may be, may future generations; or (3) prejudice to the environment issue ex parte a TEPO effective for without legal consideration of the only environmental rights of those affected. seventy-two (72) hours from date of the receipt of the TEPO by the D. Citizen Suit party or person enjoined. Within SEC. 5. Citizen suit.—Any Filipino said period, the court where the citizen in representation of others, case is assigned, shall conduct a including minors or generations summary hearing to determine yet unborn, may file an action to whether the TEPO may be enforce rights or obligations under extended until the termination of environmental laws. the E. Environmental Protection case. Order (EPO) MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 14 F. Strategic Lawsuit Against a person involved in the Public Participation (SLAPP) enforcement of environmental – refers to an action whether civil, laws, protection of the criminal or administrative, brought environment, or assertion of against any person, institution or environmental rights, the any government agency or local defendant may file an answer government unit or its officials and interposing as a defense that the employees, with the intent to case is a SLAPP and shall be harass, vex, exert undue pressure supported by documents, or stifle any legal recourse that affidavits, papers and other such person, institution or evidence; and, by way of government agency has taken or counterclaim, pray for damages, may take in the enforcement of attorney’s fees and costs of suit. environmental laws, protection of the environment or assertion of G. Writ of Kalikasan (RULE 7) environmental rights. i. Reliefs granted ii. Requisites Rule 6, SECTION 1. Strategic iii. Who may avail? lawsuit against public participation iv. Modes of discovery (SLAPP).— A legal action filed to harass, vex, exert undue pressure or stifle any legal recourse that any SECTION 1. Nature of the writ.— person, institution or the The writ is a remedy available to a government has taken or may take Who may avail: in the enforcement of 1. natural or juridical person, environmental laws, protection of 2. entity authorized by law, the environment or assertion of 3. people’s organization, environmental rights shall be 4. non-governmental treated as a SLAPP and shall be organization governed by these Rules. 5. any public interest group accredited by or registered SEC. 2. SLAPP as a defense; how with any government agency alleged.—In a SLAPP filed against 6. on behalf of persons MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 15  environmental destruction or Requisites: damage; whose constitutional right to (b) Directing the respondent public a balanced and healthful official, government agency, ecology is violated, private person or entity to protect, or threatened with violation preserve, rehabilitate or restore the by an unlawful act or environment; omission of a public official (c) Directing the respondent public or employee, or private official, government agency, individual or entity, private person or entity to monitor involving environmental strict compliance with the decision damage of such magnitude and orders of the court; as to prejudice the life, (d) Directing the respondent public health or property of official, government agency, or inhabitants in two or more private person or entity to make cities or provinces. periodic reports on the execution of the final judgment; and SEC. 15. Judgment.— Within sixty (e) Such other reliefs which relate (60) days from the time the petition to the right of the people to a is submitted for decision, the court balanced and healthful ecology or shall render judgment granting or to the protection, preservation, denying the privilege of the writ of rehabilitation or restoration of the kalikasan. environment, except the award of Reliefs granted: damages to individual petitioners. The reliefs that may be granted under the writ are the following: Modes of discovery: SEC. 12. Discovery Measures.—A (a) Directing respondent to party may file a verified motion for permanently cease and desist from the following reliefs: committing acts or neglecting the (a) Ocular Inspection; order performance of a duty in violation (b) Production or inspection of of environmental laws resulting in documents or things; order. MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 16  pay damages sustained by the H. Writ of Continuing Mandamus petitioner by reason of the (RULE 8) malicious neglect to perform the duties of the respondent, under SECTION 1. Petition for the law, rules or regulations. The continuing mandamus.— When petition shall also contain a sworn any agency or instrumentality of certification of non-forum the government or officer thereof shopping. unlawfully neglects the I. Writ of Kalikasan vis-à-vis Writ performance of an act which the of Continuing Mandamus law specifically enjoins as a duty resulting from an office, trust or WRIT OF WRIT OF KALIKASAN CONTINUING station in connection with the MANDAMUS enforcement or violation of an Subject Unlawful Neglect or Matter act or exclusion; environmental law rule or omission; law, rule or regulation or a right therein, or life health right or property unlawfully excludes another from Petitioner Any person One who is the use or enjoyment of such right or personally representat aggrieved and there is no other plain, speedy ive /agent (PO/NGO/ and adequate remedy in the Public ordinary course of law, the person Interest Group) aggrieved thereby may file a Responden Public or Governmen verified petition in the proper t private t or officers entity or court, alleging the facts with individual certainty, attaching thereto Temporary Ancillary Ancillary Environmen remedy remedy supporting evidence, specifying tal Protection that the petition concerns an Order (TEPO) environmental law, rule or Venue Supreme Supreme regulation, and praying that Court or Court, CA judgment be rendered Court of or RTC Appeals commanding the respondent to do Discovery Ocular None an act or series of acts until the Measures inspection or judgment is fully satisfied, and to production MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 17  of documents Damages None; Allow separate damages 5) Osmena vs. Garganera suit for malicious (G.R. No. 230164; March neglect of duty 20,2018) CASES: 1) West Tower Condominium 6) Segovia vs. Climate Corp. vs. First Philippine Change Commission (G.R. Industrial Corp. (G.R. No. No. 211010; March 07, 194239; June 16, 2015) 2017) 2) Mosqueda vs. Pilipino Banana Growers & Exporters Association Inc., (G.R. No. 189185, G.R. No.189305; August 16, 2016) 3) Mercado vs. Lopena (G.R. No. 230170; June 06, 2018) 4) Arigo vs. Swift (G.R. No. 206510; September 16, 2014) MIAHSNCHZ ENVIRONMENTAL LAWS NOTES 18