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REPUBLIC ACTS
AN ACT PROVIDING FOR A
COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR OTHER PURPOSES. |
CHAPTER
1 Section 1. Short Title. - This Act shall be known as the "Philippine Clean Water Act of 2004." Sec. 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. As such, it shall be the policy of the State: a)
To streamline processes and procedures in the prevention, control and
abatement of pollution of the country's water resources; ARTICLE
2 Sec. 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. 1.
Use of water for domestic purposes - means the utilization of water for
drinking, washing, bathing, cooking or other household needs, home
gardens and watering of lawns or domestic animals; e) Civil Society - means non-government organizations (NGOs) and people's organizations (POs). f) Cleaner Production - means the application of an integrated, preventive environmental strategy to processes, products, services to increase efficiency and reduce risk to humans and the environment; g) Clean-up operations - means activities involving the removal of pollutants discharged or spilled into a water body and its surrounding areas, and the restoration of the affected areas to their former physical, chemical and biological state or conditions. h) Contamination - means the production of substances not found in the natural composition of water that make the water less desirable or unfit desirable or unfit for intended use. i) Department - means the Department of Environment and Natural Resources. j) Discharge includes, but is not limited to, 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 said water. k) Drinking water- means water intended for human consumption or for use in food preparation. l) Dumping - means any unauthorized or illegal disposal into any body of water or land of wastes or toxic or hazardous material: Provided, That it does not mean a release of effluent coming from commercial, industrial, and domestic sources which are within the effluent standards. m) Effluent - means discharge from known sources 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. n) Effluent standard - means any legal restriction or limitation on quantities, rates, and/or concentrations or any combination thereof, of physical, chemical or biological parameters of effluent which a person or point source is allowed to discharge into a body of water or land. o) Environmental management - means the entire system which includes, but is not limited to, conservation, regulation and minimization of pollution, clean production, waste management, environmental law and policy, environmental education and information, study and mitigation of the environmental impacts of human activity, and environmental research. p) Environmental management system - means the part of the overall management system that includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environment policy. q) Freshwater - means water containing less than 500 ppm dissolved common salt, sodium chloride, such as that in groundwater, rivers, ponds and lakes. r) Groundwater - means a subsurface water that occurs beneath a water table in soils and rocks, or in geological formations. s) Groundwater vulnerability - means relative ease with which a contaminant located at or near the land surface can migrate to the aquifer or deep well. t) Groundwater vulnerability map - means the identified areas of the land surface where groundwater quality is most at risk from human activities and shall reflect the different degrees of groundwater vulnerability based on a range of soil properties and hydro geological criteria to serve as guide in the protection of the groundwater from contamination. u) Hazardous waste - means any waste or combination of wastes of solid liquid, contained gaseous, or semi-solid form which cause, of contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness, taking into account toxicity of such waste, its persistence and degradability in nature, its potential for accumulation or concentration in tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or organism. v) Industrial waste - means any solid, semi-solid or liquid waste material with no commercial value released by a manufacturing or processing plant other than excluded material. w) Integrated Water Quality Management Framework - means the policy guideline integrating all the existing frameworks prepared by all government agencies contain the following; water quality goals and targets; (b) period of compliance; (c) water pollution control strategies and techniques; (d) water quality information and education program; (e) human resources development program. x) Margin - means a landward and outer limiting edge adjacent to the border of any water bodies or a limit beyond where beyond where saturation zone ceases to exist. y) National Water Quality Status Report - means a report to be prepared by the Department indicating: a) the location of water bodies, their quality, taking into account seasonal, tidal and others variations, existing and potential uses and sources of pollution per specific pollutant and pollution load assessment; b) water quality management areas pursuant to Sec. 5 of this Act; c) and water classification. z) Non-point source - means any source of pollution not identifiable as point source to include, but not be limited to, runoff from irrigation or rainwater, which picks up pollutants from farms and urban areas. aa) Point source - means any identifiable source of pollution with specific point of discharge into a particular water body. bb) Pollutant- shall refer to any substance, whether solid, liquid, gaseous or radioactive, which directly or indirectly: (i)
alters the quality of any segment of the receiving water body to affect
or tend to affect adversely any beneficial use thereof; dd) 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. ee) Secretary - means the Secretary of the Department of Environmental and Natural Resources (DENR). ff) Septage - means the sludge produced on individual onsite wastewater disposal systems, principally septic tanks and cesspools. gg) 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. hh) 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. ii) 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. jj) Surface water - means all water, which is open to the atmosphere and subject to surface runoff. kk) 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. ll) Toxic amount - means the lowest amount of concentration of toxic pollutants, which may cause chronic or long-term acute or lethal conditions or effects to the aquatic life, or health of persons or which may adversely affect designated water uses. mm) 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. nn) Wastewater - means waste in liquid state containing pollutants. oo) 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. pp) 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. qq) 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. rr) Water quality guidelines - means the level for a water constituent or numerical values of physical, chemical, biological and bacteriological or radiological parameters which are used to classify water resources and their use, which does not result in significant health risk and which are not intended for direct enforcement but only for water quality management purposes, such as determining time trends, evaluating stages of deterioration or enhancement of the water quality, and as basis for taking positive action in preventing, controlling or abating water pollution. ss) Water Quality Management Area Action Plan - includes, but not be limited to, the following: (a) goals and targets including sewerage or septage program, (b) schedule of compliance to meet the applicable requirements of this Act; (c) water pollution control strategies or techniques; (d) water quality information and education program; e) resource requirement and possible sources; f) enforcement procedures of the plan and (g) rewards and incentives under Chapter 4 of this Act. CHAPTER
2 ARTICLE
1 Sec. 5. Water Quality Management Area. - The Department, in coordination with National Water Resources Board (NWRB), shall designate certain areas as water quality management areas using appropriate physiographic units such as watershed, river basins or water resources regions. Said management areas shall have similar hydrological, hydrogeological, meteorological or geographic conditions which affect the physiochemical, biological and bacteriological reactions and diffusions of pollutants in the water bodies, or otherwise share common interest or face similar development programs, prospects or problems. Said management area shall be governed by a governing board composed of representatives of mayors and governors of member local government units (LGUs), and representatives of relevant national government agencies, duly registered non-governmental organization, water utility sector, and business sector. The Department representative shall chair the governing board. In the case of the LGUs with memberships on more than one (1) management board, the LGU shall designate only one (1) single representative for all the management areas wherein is a member. The governing board shall formulate strategies to coordinate policies necessary for the effective implementation of this Act in accordance with those established in the framework and monitor the compliance with the action plan. Each management area shall create a multi-sectoral group to establish and affect water quality surveillance and monitoring network including sampling schedules and other similar activities. The group shall submit its report and recommendation to the chairman of the governing board. A technical secretariat for each management area is hereby created which shall be part of the department and shall provide technical support to the governing board. They shall be composed of at least four (4) members who shall have the following minimum qualifications: a)
One (1) member shall be a member of the Philippines Bar; Sec. 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 non-attainment 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; Provided,
That if the pollutant is naturally occurring, e.g. naturally high boron
and other elements in geothermal areas, discharge of such pollutant may
be allowed: Provided, further, That the effluent concentration of
discharge shall not exceed the naturally occurring level of such
pollutant in the area: Provided, Finally, That the effluent
concentration and volume of discharge shall not adversely affect water
supply, public health and ecological protection. Sec. 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 effectivity of this Act, prepare a national program on sewerage and
septage management in connection with Sec. 8 hereof. Sec. 8. Domestic Sewage Collection, Treatment and Disposal. - Within
five (5) years following the effectivity of this Act, the Agency vested
to provide water supply and sewerage facilities and/or concessionaires
in Metro Manila and other highly urbanized cities (HUCs) as defined in
Republic Act No. 7160, in coordination with LGUs, shall be required to
connect the existing sewage line found in all subdivisions,
condominiums, commercial centers, hotels, sports and recreational
facilities, hospitals, market places, public buildings, industrial
complex and other similar establishments including households to
available sewerage system. Provided, That the said connection shall be
subject to sewerage services charge/fees in accordance with existing
laws, rules or regulations unless the sources had already utilized
their own sewerage system: Provided, further, That all sources of
sewage and septage shall comply with the requirements herein. Sec. 9. National Water Quality Management Fund. - A water quality
management fund, to be administered by the Department, in coordination
with other concerned agencies, as a special account in the National
Treasury is hereby established. The fund shall be used to finance the
following: a)
Finance containment and clean-up operations of the government in water
pollution cases; The fines imposed and damages awarded to the government by the Pollution Adjudication Board (PAB), proceeds of permits issued by the Department under this Act, donations, endowments and grants in the form of contributions to the national government under this Act shall form part of the fund. Such donations, endowments and grants shall be exempt from donor's taxes and all other taxes, charges or fees imposed by the government and shall be deductible from the gross income of the donor for income tax purposes. Disbursements from the fund shall be subject to the usual accounting and budgeting rules and regulations. Sec. 10. The Area Water Quality Management Fund. - The area water
quality management fund is hereby established for the maintenance and
upkeep of the water bodies in a water quality management area. The fund
shall be utilized for the grant of rewards and incentives for entities
whose effluent discharges are better than the water quality criteria of
the target classification of the receiving body of water, loans for
acquisitions and repairs of facilities to reduce quantity and improve
quality of wastewater discharges, and regular maintenance of the water
bodies within the management area. Sec. 11. Water Quality Variance for Geothermal and Oil and Gas Exploration. - The Department may provide variance in water quality criteria and standards for geothermal exploration that encounters re-injection constraints: Provided, That there shall be provision for adequate protection of beneficial use of water bodies, downstream of the geothermal project: Provided, further, That this provision may be applied to oil and gas exploration as determined by the Department. Sec. 12. Categories of Industry Sector. - Within twenty-four (24)
months from the effectivity of this Act, and every two (2) years
thereafter, the Department shall, through due public consultation,
revise and publish a list of categories of industry sector for which
effluent standards will be provided for each significant wastewater
parameter per industry sector. ARTICLE
2 Sec. 13. Wastewater Charge System. - The Department shall implement a wastewater charge system in all management areas including the Laguna Lake Region and Regional Industrial Centers through the collection of wastewater charges/fees. The system shall be established on the basis of payment to the government for discharging wastewater into the water bodies. Wastewater charges shall be established taking into consideration the following: a)
To provide strong economic inducement for polluters to modify their
production or management processes or to invest in pollution control
technology in order to reduce the amount of water pollutants generated; Industries whose water effluent are within standards promulgated pursuant to this Act, shall only be charged with minimal reasonable amount which shall be determined by the Department after due public consultation, giving account to volumetric rate of discharge and effluent concentration. Sec. 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. The discharge permit shall be
the legal authorization granted by the Department to discharge
wastewater: Provided, That the discharge permit 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. ARTICLE
3 Sec. 15. Financial Liability for Environmental Rehabilitation. - The Department shall require program and project proponents to put up environmental guarantee fund (EGF) as part of the environmental management plan attached to the environmental compliance certificate pursuant to Presidential Decree No.1586 and its implementing rules and regulations. The EGF shall finance the maintenance of the health of the ecosystems and specially the conservation of watersheds and aquifers affected by the development, and the needs of emergency response, clean-up or rehabilitation of areas that may be damaged during the program's or project's actual implementation. Liability for damages shall continue even after the termination of a program or project and, until the lapse of a given period indicated in the environmental compliance certificate, as determined by the Department. The EGF may be in the form of a trust fund, environmental insurance, surety bonds, letters of credit, self-insurance and any other instruments which may be identified by the Department. The choice of the guarantee instrument or combinations thereof shall depend, among others, on the assessment of the risks involved and financial test mechanisms devised by the Department. Proponents required to put up guarantee instruments shall furnish the Department with evidence of availment of such instruments from accredited financial instrument providers. Sec. 16. Clean-Up Operations. - Notwithstanding the provisions of Sec.s 15 and 26 hereof, any person who causes pollution in or pollutes water bodies in excess of the applicable and prevailing standards shall be responsible to contain, remove and clean-up any pollution incident at his own expense to the extent that the same water bodies have been rendered unfit for utilization and beneficial use: Provided, That in the event emergency clean-up operations are necessary and the polluter fails to immediately undertake the same, the Department, in coordination with other government agencies concerned, shall conduct containment, removal and clean-up operations. Expenses incurred in said operations shall be reimbursed by the persons found to have caused such pollution upon proper administrative determination in accordance with this Act. Reimbursements of the cost incurred shall be made to the Water Quality Management Fund or to such other funds where said disbursements were sourced. Sec. 17. Programmatic Environmental Impact Assessment. - The Department
shall implement programmatic compliance with the environmental impact
assessment system, as in the following types of development: a)
development consisting of a series of similar projects, or a project
subdivided into several phases and/or stages whether situated in a
contiguous area or geographically dispersed; and Programmatic compliance with the environmental impact assessment system shall be guided by carrying capacity assessments determined from ecological profiles. Ecological profiles shall Identify environmental constraints and opportunities in programmatic areas. Programmatic assessment shall also take into account cumulative impacts and risks. Consistent with the provisions of the Local Government Code, the Department may enter into agreement with LGUs to incorporate programmatic environmental impact assessment into the preparation, updating or revision of local land use plans and area development plans. Sec. 18. Environmental Impact Assessment System Programmatic Compliance
with Water Quality Standards. - The. Department may allow each regional
industrial center established pursuant to Republic Act No.7916 (PEZA
law) to allocate effluent quotas to pollution sources within its
jurisdiction that qualify under an environmental impact assessment
system programmatic compliance program in accordance with Presidential
Decree No. 15867 and its implementing rules and regulations. CHAPTER
3 Sec. 19. Lead Agency. - The Department shall be the primary government agency responsible for the implementation and enforcement of this Act unless otherwise provided herein. As such, it shall have the following functions, powers and responsibilities: a)
Prepare a National Water Quality Status Report within twenty-four (24)
months from the effectivity of this Act: Provided, That the Department
shall thereafter review or revise and publish annually, or as the need
arises, said report; The Department shall gradually devolve to the LGUs, and to the governing boards the authority to administer some aspects of water quality management and regulation, including, but not to be limited to, permit issuance, monitoring and imposition of administrative penalties, when, upon the Department's determination, the LGU or the governing board has demonstrated readiness and technical capability to undertake such functions. Sec. 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. a)
Monitoring of water quality; Sec. 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. Sec. 22. Linkage Mechanism. - The Department and its concerned attached
agencies including LLDA shall coordinate and enter into agreement with
other government agencies, industrial sector and other concerned
sectors in the furtherance of the objectives of this Act- The following
agencies shall perform tile functions specified hereunder: a)
Philippine Coast Guard in coordination with DA and the Department shall
enforce for the enforcement of water quality standards in marine
waters, set pursuant to this Act, specifically from offshore sources; Sec. 23. Requirement of Record-keeping, Authority for Entry to Premises and Access to Documents. - The Department or its duly authorized representative shall, after proper consultation and notice, require any person who owns or operates any pollution source or who is subject to. any requirement of this Act to submit reports and other written information as may be required by the department. Any record, report or information obtained under this Sec. shall be made available to the public, except upon a satisfactory showing to the Department by the, entity concerned that the record, report, or information or parts thereof, if made public, would divulge secret methods or processes entitled to protection as intellectual property. Such record, report or information shall likewise be incorporated in the Department's industrial rating system. Pursuant to this Act, the Department, through it's authorized representatives, shall have the right to: (a) enter any premises or to have access to documents and relevant materials as referred to in the herein preceding paragraph; (b) inspect any pollution or waste source, control device, monitoring equipment or method required; and (c) test any discharge. In cases of fish kill incidence, the Bureau of Fisheries of the DA, in the course of its investigation, may enter the premises of an establishment reported to have caused said incident. Sec. 24. Pollution Research and Development Programs. - The Department,
in coordination with the Department of Science and Technology (DOST),
other concerned agencies and academic research institutions, shall
establish a national research and development program for the
prevention and control of water pollution. As part of said program, the
DOST shall conduct and promote the coordination and acceleration of
research, investigation, experiments, training, survey and studies
relating to the causes, extent, prevention and control of pollution
among concerned government agencies and research institutions. CHAPTER
4 Sec. 25. Rewards. - Rewards, monetary or otherwise, shall be provided to individuals, private organization and entities, including civil society, that have undertaken outstanding and innovative projects, technologies, processes and techniques or activities in water quality management. Said rewards shall be sourced from the Water Quality Management Fund herein created. Sec. 26. Incentives Scheme. - An incentive scheme is hereby provided
for the purpose of encouraging LGUs, water districts (WDs),
enterprises, or private entities, and individuals, to develop or
undertake an effective water quality management, or actively
participate in any program geared towards the promotion thereof as
provided in this Act. A. Non-fiscal incentive Fiscal Incentives 1.
Tax and Duty Exemption on Imported Capital Equipment. - Within ten 10)
years upon the effectivity of this Act, LGUs, WDs, enterprises or
private entities shall enjoy tax-and-duty-free importation of
machinery, equipment and spare parts used for industrial wastewater
treatment/collection and treatment facilities: Provided, That the
importation of such machinery, equipment and spare parts shall comply
with the following conditions: a)
They are not manufactured domestically in sufficient quantity, of
comparable quality and at reasonable prices; 2. Tax Credit on Domestic Capital Equipment. - Within ten (10) years from the effectivity of this Act, a tax credit equivalent to one hundred percent (100%) of the value of the national internal revenue taxes and customs duties that would have been waived on the machinery, equipment, and spare parts, had these items been imported shall be given to enterprises or private entities and individuals, subject to the same conditions and prohibition cited in the preceding paragraph. 3. Tax and Duty Exemption of Donations, Legacies and Gifts. - All legacies, gifts and donations to LGUs, WDs, enterprises, or private entities and individuals, for the support and maintenance of the program for effective water quality management shall be exempt from donor's tax and shall be deductible from the gross income of the donor for income tax purposes. Imported articles donated to, or for the account of any LGUs, WDs, local water utilities, enterprises, or private entities and individuals to be exclusively used for water quality management programs shall be exempted from the payment of customs duties and applicable internal revenue taxes. Industrial wastewater treatment and/or installation of water pollution control devices shall be classified as pioneer and preferred areas of investment under the BOI's annual priority plan and shall enjoy- the applicable fiscal and non-fiscal incentives as may be provided for under the Omnibus Investment Code, as amended. B. Financial Assistance Program Government financial institutions such as the Development Bank of the Philippines, Land Bank of the Philippines, Government Service Insurance System, and such other government institutions providing financial services shall, in accordance with and to the extent allowed by the enabling provisions of their respective charters or applicable laws, accord high priority to extend financial services to LGUs, WDs, enterprises, or private entities engaged in sewage collection and treatment facilities. C. Extension or Grants to LGUs Cities and municipalities which shall establish or operate sewerage facilities may be entitled to receive grants for the purpose of developing technical capabilities. CHAPTER
5 Sec. 27. Prohibited Acts. - The following acts are hereby prohibited: a)
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; Failure to undertake clean-up operations, willfully, or through gross negligence, shall be punished by imprisonment of not less than two (2) years and not more than four (4) years and a fine not less than Fifty thousand pesos (P50,000.00) and not more than One hundred thousand pesos (P100,000.00) per day for each day of violation. Such failure or refusal which results in serious injury or loss of life and/or irreversible water contamination of surface, ground, coastal and marine water shall be punished with imprisonment of not less than six (6) years and one day and not more than twelve (12) years, and a fine of Five Hundred Thousand Pesos (P500,000.00) per day for each day during which the omission and/or contamination continues. In case of gross violation of this Act, the PAB shall issue a resolution recommending that the proper government agencies file criminal charges against the violators. Gross violation shall mean any of the following: a)
deliberate discharge of toxic pollutants identified pursuant to
Republic Act No.6969 in toxic amounts; In which case, offenders shall be punished with a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than Three million pesos (P3,000,000.00) per day for each day of violation or imprisonment of not less than six (6) years but not more than ten (10) years, or both, at the discretion of the court. If the offender is a juridical person, the president, manager and the pollution control officer or the official in charge of the operation shall suffer the penalty herein provided. For violations falling under Sec. 4 of Presidential Decree No.979 or any regulations prescribed in pursuance thereof, such person shall be liable for a fine of no1 less than Fifty thousand pesos (P50,000.00) nor more than One million pesos (P1,000,000.00) or by imprisonment of not less than one (1) year nor more than six (6) years or both, for each offense, without prejudice to the civil liability of the offender in accordance with existing laws. If the offender is a juridical entity, then its officers, directors, agents or any person primarily responsible shall be held liable: Provided, That any vessel from which oil or other harmful substances are discharged in violation of Sec. 4 of Presidential Decree No.979 shall be liable for penalty of fine specified in the immediately preceding paragraph and clearance of such vessel from the port of the Philippines may be withheld until the fine is paid and such penalty shall constitute a lien on such vessel which may be recovered in proceedings by libel in rem in the proper court which the vessel may be. The owner or operator of a vessel or facility which discharged the oil or other harmful substances will be liable to pay for any clean-up costs. Provided, finally, That water pollution cases involving acts or omissions committed within the Laguna Lake Region shall be dealt with in accordance with the procedure under R. A. No.4850 as amended. Sec. 29. Administrative Sanctions Against Non-compliance with the Water
Quality Management Area Action Plan. - Local government officials
concerned shall be subject to Administrative sanctions incase of
failure to comply with their action plan accordance with the relevant
provisions of R.A. No. 7160. CHAPTER
6 Sec. 30. Administrative Action. - Without prejudice to the right of any affected person to file an administrative action, the Department shall, on its own instance or upon verified complaint by any person, institute administrative proceedings in the proper forum against any person who violates: a)
Standards or limitations provided by this Act; or CHAPTER
7 Sec. 31. Appropriations.- An amount of One hundred million pesos (P100,000,000.00) shall be appropriated from the savings of the National Government to the Department for the initial implementation of this Act. Thereafter, the amount necessary to effectively carry out the provision of this Act shall be included in the General Appropriations Act of the year following its enactment into law and thereafter. Sec. 32. Implementing Rules and Regulations. - The Department, in
coordination with the Committees on Environment and Ecology of the
Senate and the House of Representatives, respectively and other
concerned agencies shall promulgate the implementing rules and
regulations for this Act, within one (1) year after the enactment of
this Act: Provided. That rules and regulations issued by other
government agencies and instrumentalities for the prevention and/or
abatement of water pollution not inconsistent with this Act shall
supplement the rules and regulations issued by the Department, pursuant
to the provisions of this Act. Sec. 33. Joint Congressional Oversight Committee. - There is hereby created a Joint Congressional Oversight Committee to monitor the implementation of this Act and to review the implementing rules and regulations promulgated by the Department. The Committee shall be composed of five (5) Senators and five; (5) Representatives to be appointed by the Senate President and the Speaker of the House of Representatives, respectively. The Oversight Committee shall be co-chaired by the Chairpersons of the Committee on Environment of the Senate and the Committee on Ecology of the House of Representatives. Sec. 34. Repealing Clause. - Presidential Decree No.984 is hereby repealed. Republic Act Nos. 6969 and 4850 as amended, Presidential Decree Nos. 1586, 1152, 979 and 856 are hereby amended and modified accordingly. All other laws, orders, issuance, rules and regulations inconsistent herewith are hereby repealed or modified accordingly. Sec. 35. Separability Clause. - If any provision of this Act or the application such provision to any person or circumstances is declared unconstitutional, the remainder of the Act or the application of such provision to other person or circumstances shall not be affected by such declaration. Sec. 36. Effectivity. - This Act shall take effect fifteen (15) days
from the date of its publication in the Official Gazette or in at least
two (2) newspapers of general circulation. Approved: March 22, 2004 |
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