ARTICLE II
Discharge Permit
Sec. 5. Requisites for Discharge Permit. Any
person who shall discharge, in any manner, liquid waste into the Laguna
de Bay Region shall secure a discharge permit from the Authority. Such
person shall file an application using the prescribed forms, under oath
by the Chief Executive Officer or his duly authorized representative,
in two (2) copies and supported by the official receipt of the filing
fee and by such documents, information and data as may be required by
the Authority, including but not limited to the following:
- A copy of the applicant's LLDA Clearance;
- Engineer's
Report containing such information as the declaration of production
capacity stating the quantity or volume and the generic name(s) of
product(s), the nature and character of applicant's waste, its chemical
composition, total daily volume of discharge of raw waste, treatment
process and estimated treatment efficiency, if available, and the total
daily volume of water consumption and discharge of finally treated
waste or effluent. Such engineer's report shall be signed by a licensed
engineer;
- Statement of
the final cost incurred in the installation of the pollution control
device, if any, and its annual maintenance costs;
- A
copy of the Certificate of Accreditation of the Pollution Control
Officer duly issued by the Authority, or appointment/designation as
such by the Chief Executive Officer;
- Payment of the User Fees as assessed by the Authority;
- Other documents as may be required by the Authority.
In
case of any written opposition to the application for such permit, the
Authority may conduct a public hearing on the said application,
provided that, the discharge permit may only be issued after the
conduct of a public hearing, upon compliance by the proponent of the
conditions of the permit and submission of a performance bond or any
guarantee which will answer for any future environmental damage.cralaw:red
Sec. 6. Processing of Application for Discharge Permit.
The application for discharge permit shall be processed after all the
above requirements shall have been duly complied with and submitted to
the Authority and the filing fee therefor duly paid. The filing fee is
in the amount of Php1,150.00, adjustable every year.cralaw:red
The Authority shall, within thirty (30) days from receipt of all the requirements
cited in these Rules and Regulations, act on the application for a
discharge permit either by issuing the corresponding permit upon
showing of compliance with the requirements or by denying the
application in writing stating the reason or reasons thereof.cralaw:red
Sec. 7. Approval and Issuance of Discharge Permit.
The discharge permit shall be issued subject to such conditions as the
Authority may impose including, but not limited to:
- payment
of user fees for the use of the lake or its tributary rivers and
streams as a receiving water body for wastewater discharges;
- compliance to water quality standards; and
- monitoring
and data collection requirements which will inform the Authority
regarding the dynamic condition of the lake, and will form the basis
for future permit modifications.
Failure
to pay the user fee for any year or period shall be a sufficient ground
for the revocation of the permit. Arrears shall be paid in full before
a new permit is issued unless the Authority considers payment on
installment upon application of the discharger.cralaw:red
Sec. 8. Assessment of User Fees.
The total annual user fees of a permit applicant or discharger for the
current year shall be assessed based on the data provided by the
applicant in the application form and previous year's self-monitoring
reports, if any, the Industrial Effluent Guide, and other data
available at the Authority. For subsequent years, surcharge or credit
will be applied depending on the accuracy of previous year's
assessment or actual discharge characteristics.cralaw:red
Sec. 9. Surcharges and Credits on Annual User Fees.
In the event that actual discharge loadings are greater than those
allowed, the Authority shall impose surcharges upon renewal of the
discharge permit equivalent to the excess loading times the applicable
user fee rates plus five (5) percent of this amount per month. on the
other hand, if the actual discharge loadings are less than those
allowed, the permit holder shall be entitled to a refund or credit of a
portion of the variable fee corresponding to the reduced loading. The
allowable exceedance must be within 20 percent of the allowable
discharge loading as specified in the permit and must not be more than
two (2) consecutive periods or quarters.cralaw:red
In
case actual discharge conditions in terms of loadings and duration are
in excess than what are allowed in the preceding paragraph, the
Authority shall suspend or revoke the permit, and/or impose other
sanctions as provided for by these Rules and Regulations, as the case
maybe.cralaw:red
Any surcharge or
credit will be determined upon renewal of the permit and shall be
incorporated into the permit fee assessment for the coming year.cralaw:red
Sec. 10. Payment Scheme.
The variable component of the user fee maybe paid in full or in
equal quarterly installments. Full payment made within fifteen (15)
days after release of assessment at the time of filing shall be
entitled to a twenty (20) percent discount. Late payment of quarterly
installments shall be imposed a five (5) percent per month surcharge
without prejudice to the imposition of other fines and penalties.
Schedule of quarterly payments shall be specified in the Discharge
Permit.cralaw:red
Sec. 11. Disapproval of Application for Discharge Permit.
In case the application is disapproved, a petition for reconsideration
may be filed within ten (10) days from receipt of written notice of
such disapproval. The petition shall be decided upon by the Authority
within fifteen (15) days from the date of filing. The decision of the
Authority on the said application shall become final and executory.cralaw:red
Sec. 12. Appeals.
The decision of the Authority 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) days
from receipt of written notice of such decision. Said appeal shall not
stay the execution of the decision of the Authority unless ordered
otherwise by the Secretary of the DENR.cralaw:red
Sec. 13. Renewal of the Discharge Permit.
The discharge permit may be renewed by filing an application for
renewal in two (2) copies on forms prescribed by the Authority at
least thirty (30) days before its date of expiration and accompanied by
a filing fee in accordance with the Schedule of Fees. The application
shall be executed under oath by the Chief Executive
Officer/owner/operator or his/her duly authorized representative. The
renewal application shall not be entertained unless and until all
previously assessed user fees or pollution charges shall have been paid
in accordance with the approved payment scheme, and the owner or
operator shall have complied with all other previously imposed
conditions.cralaw:red
Failure to renew during the specified period shall be subject to the penalties under Sec. 32 of these Rules and Regulations.cralaw:red
Sec. 14. Grounds for Suspension/Revocation of Permits.
After due notice and hearing, the Authority may suspend or revoke any
permit issued under these rules on any of the following grounds:
- Non-compliance
with, or violation of any provisions of R.A. 4850 as amended, P.D. 984
or its implementing rules and regulations particularly the water
quality standards, these Rules and Regulations, and/or permit
conditions;
- False or inaccurate information stated in the application for permit which led the Authority to issue the permit;
- Refusal to allow lawful inspections;
- Non-payment
of user fees due in accordance with the schedule of fees and payment
scheme as provided for under these rules and/or permit conditions;
- Other lawful and valid causes as provided for in these rules and regulations.
Sec. 15. Effect of Disapproval of Application or Suspension or Revocation of Discharge Permit. Disapproved
applications or suspended or revoked discharge permits shall not grant
any right or privilege to the applicant or former permit holder to
discharge its liquid waste into the environment. If the applicant
proceeds to discharge despite disapproval of application or
suspension/revocation of discharge permit, the Authority shall
immediately issue an Ex-parte Cease and Desist Order
directing the discharger to discontinue from further discharging its
liquid waste into the lake or its tributary rivers, or stoppage of
discharger's operations, and impose the fines and penalties at the
existing rate applicable and provided for by law, without prejudice to
criminal prosecution under R.A. No. 4850, P.D. 813, E.O. 927, and P.D.
984, and other applicable laws.cralaw:red
Sec. 16. Posting of Permit.
The permit holder shall display its permit within the premises of the
plant or installation or in a conspicuous place preferably at the main
gate of the establishment in close proximity to the company/plant name
and in such manner as to be clearly visible and accessible to the
public.cralaw:red
Sec. 17. Transfer of Permit.
The discharge permit shall be non-transferable. In case of sale or
transfer of ownership or control of the installation and/or facilities
the transferee shall notify the Authority of the fact of transfer
providing the name and address of the transferee and attaching the
document evidencing the transfer and file an application for transfer
of the permit in his name.cralaw:red
Sec. 18. Life and General Conditions of Discharge Permit.
A discharge permit is valid for the period specified therein, for a
normal period of one (1) year from the date of issuance, unless for a
limited period or suspended sooner or revoked.cralaw:red
A
suspended or revoked permit maybe re-issued during the original life of
the permit only after the permit holder has fully complied with the
water quality standards, these Rules and Regulations, permit
conditions, and/or payment of fees, fines, penalties and damages to the
Authority and to the affected party. The reinstated permit shall expire
according to its original expiry date.cralaw:red
ARTICLE III
Monitoring
Sec. 19. Self-Monitoring Reports.
The Authority shall require the permit holder or discharger to
submit a quarterly self-monitoring report on prescribed form under
oath before a Notary Public signed by the Chief Executive Officer and
the Pollution Control Officer. The report shall contain specifically
the quality and quantity of wastes discharged daily or periodically, as
the case may be, the characterization and laboratory analyses conducted
preferably by a duly licensed and accredited laboratory of the
Authority, and such other material information the Authority may
require from the discharger.cralaw:red
The
self-monitoring report shall be submitted to the Authority within five
(5) days after every end of the quarter or period allowed under the
discharge permit.cralaw:red
Sec. 20. Plant Operational Problems.
In the event that the permit holder is temporarily unable to comply
with any of the conditions of the permit due to a breakdown of the
installation covered by the permit or for any cause, he/she or his/her
Pollution Control Officer shall notify the Authority within twenty four
(24) hours of such fact and its cause/or causes and likewise the
remedial steps to contain or solve the problem and to prevent its
recurrence; including the details of any plan toward reconstruction or
repair/rehabilitation or upgrading of such installation.cralaw:red
Sec. 21. Compliance Monitoring Protocols.
The Authority shall subject permit holders to periodic monitoring
inspections. The permit holder shall ensure that all facility-related
documents (maps, diagrams, permits, manufacturing process
documentations, etc.,) and facility employees are available during
monitoring activities.cralaw:red
The
Authority shall inspect the establishment, plant or facility and the
treatment facilities of the permit holder or discharger at any time to
determine compliance with the water quality standards, rules and
regulations and permit conditions. The water quality parameters
relevant to the plant operation and type of industry shall be
determined at least once a year. Parameters that serve the basis of
the user fee maybe determined more than once a year.cralaw:red
Sec. 22. Access to Premises.
The permit holder shall provide immediate, safe and adequate access
to authorized representatives of the Authority or inspectors after
showing the proper LLDA Inspector's ID and mission order.cralaw:red
ARTICLE IV
User Fees for Liquid Waste Discharges
Sec. 23. User Fees.
A user fee shall be assessed for any discharger that makes use of the
lake or its tributary rivers and streams for the purpose of disposing
liquid waste or wastewater. It shall be comprised of the fixed fee
based on the volumetric rate of discharge and the variable fee, which
will be based on the unit load of pollution. The user fee shall be the
total of the fixed fee and the variable fee.cralaw:red
The user fee shall form part of the requirements of the Authority in adjudicating pollution cases.cralaw:red
Sec. 24. Schedule of Fixed Fees.
The fixed fee will cover the cost of the program administration and
will be dependent on the volumetric rate of discharge and according to
the following schedule:
Volumetric Rate of Discharge
Fixed Fee
Within 30 cu.m./day
Php 5,000.00
More than 30 but less than 150
cu.m./day Php10,000.00
More than 150 cu.m./day
Php15,000.00
Sec. 25. Schedule of the Variable Fees.
The variable fee will be assessed based on the unit load of
pollution which is computed as the product of the volumetric rate of
discharge and the effluent concentration. The following schedule of the
variable fee shall apply:
Effluent Concentration
Variable Fee
Within 50 mg/L BOD
Php 5.00 per kg BOD
Above 50 mg/L BOD
Php30.00 per kg BOD
The
user fee rates for other water quality parameters that will eventually
be covered by the system shall be determined by the Authority and
approved by the Board of Directors.cralaw:red
Sec. 26. Adjustment of Fee Rates.
The user fees may be adjusted from time to time but not within the
year of latest adjustment to reflect desired environmental objectives
and updated targets in the reduction of pollution loadings. Any change
in the user fee rates shall be subject to the approval of the Board of
Directors.cralaw:red
ARTICLE V
Prohibitions
Sec. 27. General Prohibitions.
- No
person, natural or juridical, government office/agency, or public
corporation shall undertake development program and/or project within
the Laguna de Bay Region without first securing clearance from the
Authority.
- No person,
natural or juridical, shall throw, run, drain or otherwise dispose into
any of the water and/or land resources of the Laguna de Bay Region, or
cause, permit, suffer to be thrown, run, drain, allow to seep, or
otherwise dispose thereto, any organic or inorganic matter or any
substance in liquid form that shall cause pollution thereof.
- No person shall dispose of toxic and/or hazardous wastes without first securing a written authorization from the Authority.
Sec. 28. Specific Prohibitions.
No person, natural or juridical, shall perform, cause or undertake
any of the following activities without first securing a permit from
the Authority:
- The increase in volume or strength of any wastes in excess of the permitted discharge specified under any existing permit; and
- The
construction or use of any outlet or unauthorized by-pass channels for
the discharge of any untreated waste, gaseous, liquid or solid,
directly into the water and/or land resources of the Laguna de Bay
Region.
Sec. 29. Other Prohibitions. These acts are likewise prohibited under these rules and regulations:
- Willful violation of an order or decision duly promulgated by the Authority;
- Refusing,
obstructing or preventing the entry of authorized representatives of
the Authority into any property devoted to industrial, manufacturing,
processing or commercial use for the purpose of inspecting or
investigating to determine compliance of the project with the
Authority's program and/or the conditions therein relating to pollution
or possible or eminent pollution; and
- Misconduct
in the presence of the General Manager or any of person who willfully
fails or refuses, without just cause, to comply with summons, subpoenas, subpoena duces tecum
issued by the General Manager or by the duly designated Hearing
Committee or, being present at a hearing, session or investigation,
refuses to be sworn as a witness or to answer questions when lawfully
required to do so.
ARTICLE VI
Penalties
Sec. 30. General Administrative Fine.
Any person, natural or juridical, found violating any lawful order or
decision of the Authority or failing to comply with these Rules and
Regulations and/or conditions embodied in the clearances or permits
issued by the Authority shall be liable to an administrative fine in an
amount not exceeding five thousand pesos (Php5,000.00) in addition to
such other sanctions stated in these Rules and Regulations. The
imposition of the aforesaid fine does not preclude the Authority from
instituting, before the appropriate Courts, the proper criminal or
civil action as the case may warrant.cralaw:red
Sec. 31. Penalty for Failure to Abate Pollution.
Any person found violating or failing to comply with any order,
decision or regulation of the Authority for the control or abatement of
pollution shall pay a fine not exceeding five thousand pesos
(Php5,000.00) per day for every day during which such violation or
default continues. The Authority shall hereby be authorized and
empowered to impose the fine after due notice and hearing.cralaw:red
Sec. 32. Penalty for Violating the Prohibited Acts.
Any person who shall violate any of the provisions of Article V of
these rules and regulations or any order or decision of the Authority
shall be liable to a penalty of not to exceed one thousand pesos
(Php1,000.00) for each day during which such violation or default
continues, or by imprisonment of from two (2) years to six (6) years,
or both fine and imprisonment after due notice and hearing, and in
addition such person maybe required or enjoined from continuing such
violation.cralaw:red
Failure to
renew the discharge permit within the period specified under Sec. 13
of these Rules and Regulations shall be liable to a penalty of not to
exceed one thousand pesos (Php1,000.00) per day during which such
violation or default continues.cralaw:red
If
the violator is a corporation, partnership or association, the
President or Chief Executive Officer of the organization concerned
shall be liable therefor.cralaw:red
Sec. 33. Penalty for Refusing Entry.
Any person, natural or juridical, who shall refuse, obstruct or hamper
the entry of duly authorized representative of the Authority into any
property of the public..…. ….. …… processing or commercial use
for the purpose of inspecting or investigating the conditions therein
relating to pollution or compliance to other provisions of these Rules
and Regulations, shall be liable to a fine not exceeding five thousand
(Php5,000.00) pesos and contempt upon application with the proper
courts and/or the actions that the Authority may deem necessary and
appropriate.cralaw:red
Sec. 34. Payment for Damages.
Any person, natural or juridical who violates the provisions of these
Rules and Regulations or fails to perform any condition imposed in a
permit or clearance, or refuses to obey a duly promulgated
order/decision of the Authority, thereby causing damage to the lake's
resources or other surface water in the Laguna de Bay Region, shall be
liable to pay the Authority and the affected parties for such damages
in an amount to be determined by the Authority.cralaw:red
Sec. 35. Non-Payment of Fines.
The fines so imposed shall be paid to the Authority and failure to pay
the fine in any case within the time specified in the above-mentioned
order or decision shall be sufficient ground for the Authority to order
the closure or stoppage of the operation of the establishment being
operated and/or managed by said person or persons until payment of the
fines shall have been made. Payment of the fines does not ipso facto operate to vest on the violator the right to resume operation.cralaw:red
ARTICLE VII
Final Provisions
Sec. 36. Transitory Provisions.
Any person, natural or juridical, who before the effectivity of these
Rules and Regulations have already complied with the requirements of,
or have been issued permit or clearance pursuant to the provisions of
R.A. 4850, as amended, shall, upon presentation of proof of such
compliance that is acceptable to the Authority, be considered as having
complied with the requirements of these Rules and Regulations.cralaw:red
Sec. 37. Phaseout of the Authority to Construct and Permit to Operate. The
Discharge Permit shall henceforth replace collectively the existing
Authority to Construct and Permit to Operate for Wastewater Treatment
Facilities.cralaw:red
Sec. 38. Effluent Standard for Biochemical Oxygen Demand.
For purposes of these Rules and Regulations, the Authority hereby
adopts a uniform effluent standard for Biochemical Oxygen Demand (BOD)
of 50 mg/L, regardless of strength of the raw wastewater, if discharge
will directly or eventually drain to the Laguna de Bay or its tributary
rivers and streams.cralaw:red
Sec. 39. Separability Clause.
If any Sec. or provision of these Rules and Regulations is held or
declared unconstitutional or invalid by a competent court, the other
Sec.s or provisions hereof shall continue to be in force as if the
Sec.s or provisions so annulled or voided had never been
incorporated herein.cralaw:red
Sec. 40. Amendments. These Rules and Regulations may be amended and/or modified from time to time by the Authority.cralaw:red
Sec. 41. Effectivity. These Rules and Regulations shall take effect fifteen (15) days after publication in a newspaper of general circulation.cralaw:red
APPROVED:
ISAGANI B. VALDELLON
VICTOR R. SUMULONG
Director
Director
BERNARDO SAN JUAN
RICHARD ALBERT I. OSMOND
Director
Director
MAXIMO E. PASAY,
JR.
ISIDRO B. GARCIA
Director
Director
CARLOS C. TOMBOC
Director
N O T I C E
Notice
is hereby given to all industrial, commercial, domestic (except single
residential buildings) and other similar establishments in the Laguna
de Bay region that generate liquid waste or wastewater to secure the
necessary Discharge Permit and avoid the penalties and sanctions under
the above rules and regulations according to the following schedule:
EXPIRATION
MONTH |
METRO
MANILA |
RIZAL |
LAGUNA, BATANGAS, CAVITE, QUEZON |
| January |
Pasay City |
Cainta |
San Pedro, Biñan |
| February |
Pasig City |
Taytay |
Silang, Carmona,
Tagaytay City |
| March |
Marikina |
Angono, Cardona,
Binangonan |
Sta. Rosa |
| April |
Pateros |
Morong |
Cabuyao |
| May |
Tagig |
Teresa |
Calamba |
| June |
Muntinlupa |
Antipolo |
Sto. Tomas |
| July |
Manila |
Rodriguez (Montalban) |
Tanauan, Malvar |
| August |
Quezon City |
San Mateo |
Alaminos, Rizal
San Pablo City |
| September |
Kalookan City |
Baras |
Los Baños, Bay, Pila
Calauan, Victoria |
| October |
- |
Tanay |
Sta. Cruz, Nagearlan, |
|
|
|
Liliw, Magdalena |
| November
December |
-
- |
Pililla
Jalajala |
Pagsanjan, Lumban, Cavinti,
Majayjay, Luisiana, Lucban
Kalayaan, Paete, Pakil,
Pangil, Siniloan, Famy,
Mabitac, Sta. Maria
CARLOS C. TOMBOC
LLDA Acting General Manager |
