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CHAPTER
1
GENERAL
PROVISIONS
ARTICLE 1
DECLARATION
OF PRINCIPLES AND POLICIES
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;
b) To promote environmental
strategies, use of appropriate economic instruments and of control
mechanisms for the protection of water resources;
c) To formulate a holistic
national program of water quality management that recognizes that water
quality management issues cannot be separated from concerns about water
sources and ecological protection, water supply, public health and
quality of life;
d) To formulate an integrated
water quality management framework through proper delegation and
effective coordination of functions and activities;
e) promote commercial and
industrial processes and products that are environment friendly and
energy efficient;
f) To encourage cooperation and
self-regulation among citizens and industries through the application
of incentives and market-based instruments and to promote the role of
private industrial enterprises in shaping its regulatory profile within
the acceptable boundaries of public health and environment;
g) To provide for a
comprehensive management program for water pollution focusing on
pollution prevention;
h) To promote public information
and education and to encourage the participation of an informed and
active public in water quality management and monitoring;
i) To formulate and enforce a
system of accountability for short and long-term adverse environmental
impact of a project, program or activity; and
j) To encourage civil society
and other sectors, particularly labor, the academe and business
undertaking environment-related activities in their efforts to
organize, educate and motivate the people in addressing pertinent
environmental issues and problems at the local and national levels.
Sec. 3. Coverage of the Act. -
This Act shall apply to water quality management in all water bodies:
Provided, That it shall primarily apply to the abatement and control of
pollution from land based sources: Provided, further, That the water
quality standards and regulations and the civil liability and penal
provisions under this Act shall be enforced irrespective of sources of
pollution.
ARTICLE
2
DEFINITION
OF TERMS
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.
b) Aquatic life - means all
organisms living in freshwater, brackish and marine environment.
c) Beneficial use - means the
use of the environment or any element or segment thereof conducive to
public or private welfare, safety and health; and shall include, but
not be limited to, the use of water for domestic, municipal,
irrigation, power generation, fisheries, livestock raising, industrial,
recreational and other purposes:
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;
2. Use of water for municipal
purposes - means the utilization of water for supplying water
requirements of the community;
3. Use of water for irrigation -
means the utilization of water for producing agricultural crops;
4. Use of water for power
generation - means the utilization of water for producing electrical or
mechanical power;
5. Use of water for fisheries -
means the utilization of water for the propagation of culture of fish
as a commercial enterprise;
6. Use of water for livestock
raising - means the utilization of water for large herds or flocks of
animals raised as a commercial enterprise;
7. Use of water for industrial
purposes - means the utilization of water in factories, industrial
plants and mines, including the use of water as an ingredient of a
finished product; and
8. Use of water for recreational
purposes - means the utilization of water for swimming pools, bath
houses, boating, water skiing, golf courses and other similar
facilities in resorts and other places of recreation.
d)
Classification/Reclassification of Philippine Waters - means the
categorization of all water bodies taking into account, among others,
the following: (1) existing quality of the body of water; (2) size,
depth, surface area covered, volume, direction, rate of flow and
gradient of stream; (3) most beneficial existing and future use of said
bodies of water and lands bordering them, such as for residential,
agricultural, aquacultural, commercial, industrial, navigational,
recreational, wildlife conservation and aesthetic purposes; and (4)
vulnerability of surface and groundwater to contamination from
pollutive and hazardous wastes, agricultural chemicals and underground
storage tanks of petroleum products.
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;
(ii) is hazardous or potential
hazardous to health;
(iii) imparts objectionable
odor, temperature change, or physical, chemical or biological change to
any segment of the water body; or
(iv) is in excess of the
allowable limits, concentrations, or quality standards specified, or in
contravention of the condition, limitation or restriction prescribed in
this Act.
cc) Pollution control
technology- means pollution control devices or apparatus, processes, or
other means that effectively prevent control or reduce pollution of
water caused by effluents and other discharges, from any point source
at levels within the water pollution standards.
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
WATER
QUALITY MANAGEMENT SYSTEM
ARTICLE
1
GENERAL
PROVISIONS
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;
b) One (1) member shall be a
Chemical Engineer, Chemist, Sanitary Engineer, Environmental Engineer
or Ecologist or significant training and experience in chemistry;
c) One (1) member shall be a
Civil Engineer or Hydrologist or Significant training and experience in
closely related fields and experience on ground water, respectively; and
d) One (1) member shall be a
Geologist, Biologist, or significant training and experience in closely
related fields.
The areas within the
jurisdiction of the Laguna Lake Development Authority (LLDA) shall be
designated as one management area under the administration of LLDA in
accordance with R.A. No. 4850, as amended: Provided, However, That the
standards promulgated pursuant to this Act and wastewater charge system
established pursuant hereof shall be enforced in said area.
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.
The Department shall, in coordination with NWRB, Department of Health
(DOH), Department of Agriculture (DA), governing board and other
concerned government agencies and private sectors shall take such
measures as may be necessary to upgrade the quality of such water in
non-attainment areas to meet the standards under which it has been
classified.
Upgrading of water quality shall likewise include undertakings, which
shall improve the water quality of a water body to a classification
that will meet its projected or potential use.
The LGUs shall prepare and implement contingency plans and other
measures including relocation, whenever necessary, for the protection
of health and welfare of the residents within potentially affected
areas.
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.
Such program shall include a priority listing of sewerage, septage and
combined sewerage-septage projects for LGUs based on population density
and growth, degradation of water resources, topography, geology,
vegetation, program/projects for the rehabilitation of existing
facilities and such other factors that the Secretary may deem relevant
to the protection of water quality. On the basis of such national
listing, the national government may allot, on an annual basis, funds
for the construction and rehabilitation of required facilities.
Each LGU shall appropriate the necessary land, including the required
rights-of-way/road access to the land for the construction of the
sewage and/or septage treatment facilities.
Each LGU may raise funds to subsidize necessary expenses for the
operation and maintenance of sewerage treatment or septage facility
servicing their area of jurisdiction through local property taxes and
enforcement of a service fee system.
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.
In areas not considered as HUCs, the DPWH in coordination with the
Department, DOH and other concerned agencies, shall employ septage or
combined sewerage-septage management system.
For the purpose of this Sec., the DOH, coordination with other
government agencies, shall formulate guidelines and standards for the
collection, treatment and disposal of sewage including guidelines for
the establishment and operation of centralized sewage treatment system.
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;
b) Guarantee restoration of
ecosystems and rehabilitation of affected areas;
c) Support research, enforcement
and monitoring activities;
d) Provide technical assistance
to the implementing agencies;
e) Grant rewards and incentives;
f) Support information and
educational campaign; and
g) Such other disbursements made
solely for the prevention, control or abatement of water pollution and
management and administration of the management areas in the amounts
authorized by the Department.
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.
An amount of not more than ten percent (10%) of the total amount
accruing to the funds annually shall be allocated for the operational
expenses of the governing board, its secretariat and multi-sectoral
water quality surveillance and monitoring network.
This fund shall initially be sourced from the fines incurred by the
establishments located in rural areas before the effectivity of this
Act. Thereafter, the fees collected under the wastewater charge system
established under Sec. 13 of this Act, donations, endowments and grants
for water quality management of the area shall accrue to the fund.
Disbursements from the fund shall be subject to the usual accounting
and budgeting rules and regulations. This fund shall be managed by the
Board of the corresponding 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.
The Department shall provide additional classification based on other
parameters specifically associated to discharge of a particular
industry which shall be included in the listing of categories
prescribed in the preceding paragraph.
ARTICLE
2
WATER
POLLUTION PERMITS AND CHARGES
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;
b) To cover the cost of
administering water quality management or improvement programs;
c) Reflect damages caused by
water pollution on the surrounding environment, including the cost of
rehabilitation;
d) Type of pollutant;
e) Classification of the
receiving water body; and
f) Other special attributes of
the water body.
The fee shall be based on the
net waste load depending on the wastewater, charge formula which shall
be established with due public consultation within six (6) months from
the effectivity of this Act: Provided, That net waste load shall refer
to the difference of the initial waste load of the abstracted water and
the waste load of the final effluent discharge of an industry:
Provided, further, That no net waste load shall be lower than the
initial waste load: Provided, finally, That wastewater charge system
shall not apply to wastewater from geothermal exploration.
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.
As part of the permitting procedure, the Department shall encourage the
adoption of waste minimization and waste treatment technologies when
such technologies are deemed cost effective. The Department shall also
develop procedures to relate the current water quality guideline or the
projected water quality guideline of the receiving water body/ies with
total pollution loadings from various sources, so that effluent quotas
can be properly allocated in the discharge permits. For industries
without any discharge permit, they may be given a period of twelve (12)
months after the effectivity of the implementing rules and regulations
promulgated pursuant to this Act, to secure a discharge permit.
Effluent trading may be allowed per management area.
ARTICLE
3
FINANCIAL
LIABILITY MECHANISM
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
b) development consisting of
several components or a cluster of projects co-located in an area such
as an industrial estate, an export processing zone, or a development
zone identified in a local land use plan.
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
INSTITUTIONAL
MECHANISM
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;
b) Prepare an Integrated Water
Quality Management Framework within twelve (12) months following the
completion of the status report;
c) Prepare a ten (10) year Water
Quality Management Area Action Plan within twelve (12) months following
the completion of the framework for each designated water management
area. Such action plan shall be reviewed by the water quality
management area governing board every five (5) years or as need arises;
d) Prepare and publish a
national a national groundwater vulnerability map incorporating the
prevailing standards and methodologies, within twenty four (24) months
after the effectivity of this Act;
e) Enforce, review and revise
within twelve (12) months from the effectivity of this Act water
quality guidelines after due consultation with the concerned
stakeholder sectors: Provided, That the Department, in coordination
with appropriate agencies shall review said guidelines every five (5)
years or as need arises;
f) Review and set effluent
standards every five (5) years from the effectivity of this Act or
sooner as determined by the Department: Provided, That in the interim,
the provisions of DENR Administrative Order No. 35 of the Department
shall apply: Provided, further, That when new and more stringent
standards are set in accordance with this Sec., the Department may
establish a grace period with a maximum of five (5) years: Provided,
finally, That such grace period shall be limited to the moratorium on
the issuance of cease and desist and/or closure order against the
industry's operations except in the event such operation poses serious
and grave threat to the environment, or the industry fails to institute
retooling, upgrading or establishing an environmental management system
(EMS).
g) Establish within twelve (12)
months from the effectivity of this Act, internationally-accepted
procedures for sampling and analysis of pollutants and in coordination
with other concerned agencies, formulate testing procedures and
establish an accreditation system for laboratories;
h) Within eighteen (18) months
from the effectivity of this Act and every two (2) years thereafter,
categorize point and non-point sources of water pollution;
i) Classify groundwater sources
within twelve (12) months from the effectivity of this Act;
j) Classify or reclassify all
water bodies according to their beneficial usages: Provided, that in
the interim, the provisions of DENR Administrative Order No.34 shall
apply: Provided, further, that such classification or reclassification
shall take into consideration the operation of businesses or facilities
that are existing prior to the effectivity of the Act: Provided,
furthermore, that the Department may authorize the use of the water for
other purposes that are more restrictive in classification: Provided,
finally, That discharges resulting from such use shall meet the
effluent standards set by the Department;
k) Exercise jurisdiction over
all aspects of water pollution, determine its location, magnitude,
extent, severity, causes, effects and other pertinent information on
pollution, and to take measures, using available methods and
technologies to prevent and abate such pollution;
l) Exercise supervision and
control over all aspects of water quality management;
m) Establish a cooperative
effort in partnership with the government, LGUs, academic institutions,
civil society and the private sector to attain the objectives of this
Act;
n) Disseminate information and
conduct educational awareness and value formation programs and
campaigns on the effects of water pollution on health and environment,
water quality management, and resource conservation and recovery to
encourage an environmentally action-oriented society in coordination
with government agencies identified in Sec. 22 (f);
o) Promote. and encourage
private and business sectors especially manufacturing and processing
plants the use of water quality management systems equipment, including
but not limited to, industrial wastewater treatment collection and
treatment facilities;
p) Report, on an annual basis,
to Congress the, quality status of water bodies and other pertinent
information and recommend possible legislation, policies and programs
for environmental management and water pollution control;
q) Issue rules and regulations
for the effective implementation of the provisions of this Act;
r) Issue orders against any
person or entity and impose fines, penalties and other administrative
sanctions to compel compliance with water quality the provisions of
this Act;
s) Undertake appropriate
protocol with other concerned agencies for immediate coordinated
responses to water related emergency incidents;
t) Issue permits, clearances and
similar instruments pursuant to this Act; and
u) Exercise such powers and
perform such other functions as may be necessary to carry out the
objectives of this Act.
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.
Each local government unit shall within six (6) months after the
establishment of the water quality management area action plan prepare
a compliance scheme in, accordance thereof, subject to review and
approval of the governing board.
Each local government unit shall, through its Environment and Natural
Resources Office (ENRO) established in Republic Act No.7160, have the
following powers and functions:
a)
Monitoring of water quality;
b) Emergency response;
c) Compliance with the framework
of the Water Quality Management Action Plan;
d) To take active participation
in all efforts concerning water quality protection and rehabilitation;
and
e) To coordinate with other
government agencies and civil society and the concerned sectors in the
implementation of measures to prevent and control water pollution:
Provided, however, That in provinces/cities/municipalities where there
are no environment and natural resources officers, the local executive
concerned may, with the approval of the Secretary of the DENR designate
any of his official and/or chief of office preferably the provincial,
city or municipal agriculturist, or any of his employee: Provided,
finally, That in case an employee is designated as such, he must have
sufficient experience in environmental and natural resources
management, conservation and utilization.
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;
b) DPWH through its attached
agencies, such as the MWSS, LWUA, and including other urban water
utilities for the provision or sewerage and sanitation facilities and
the efficient and safe collection, treatment and disposal of sewage
within their area of jurisdiction;
c) DA, shall coordinate with the
Department, in the formulation of guidelines for the re-use of
wastewater for irrigation and other agricultural uses and for the
prevention, control and abatement of pollution from agricultural and
aquaculture activities: Provided, That discharges coming from non-point
sources be categorized and further defined pursuant to this Act:
Provided, further, That the Bureau of Fisheries and Aquatic Resources
(BFAR) of the DA shall be primarily responsible for the prevention and
control of water pollution for the development, management and
conservation of the fisheries and aquatic resources;
d) DOH shall be primarily
responsible for the promulgation, revision and enforcement of drinking
water quality standards;
e) DOST, in coordination with
the Department and other concerned agencies, shall prepare a program
for the evaluation, verification, development and public dissemination
of pollution prevention and cleaner production technologies; and
f) Department of Education
(DepEd), Commission Higher Education (CHED), Department of the Interior
and Local Government (DILG) and Philippine Information Agency (PIA)
shall assist and coordinate with the Department in, the preparation and
implementation of a comprehensive program pursuant to the objectives of
this Act.
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
INCENTIVES
AND REWARDS
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
1. Inclusion in the Investments
Priority Plan (IPP). - Subject to the rules and regulations of the
Board of Investments (BOI), industrial wastewater treatment and/or
adoption of water pollution control technology, cleaner production and
waste minimization technology shall be classified as preferred areas of
investment under its 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.
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;
b) They are reasonably needed
and will be used actually, directly and exclusively for the above
mentioned activities; and
c) Written endorsement by the
Department that the importation of such machinery, equipment and spare
parts would be beneficial to environmental protection and management:
Provided, further, That the sale, transfer or disposition of such
machinery, equipment and spare parts without prior approval of the BOI
within five (5) years from the date of acquisition shall be prohibited,
otherwise the LGU concerned, WD, enterprise or private entity and the
concerned vendee, transferee or assignee shall be solidarity liable to
pay twice the amount of tax and duty exemption given it.
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
CIVIL
LIABILITY/PENAL PROVISIONS
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;
b) Discharging, injecting or
allowing to seep into the soil or sub-soil any substance in any form
that would pollute groundwater. In the case of geothermal projects, and
subject to the approval of the Department, regulated discharge for
short- term activities (e.g. well testing, flushing, commissioning,
venting) and deep re-injection of geothermal liquids may be allowed:
Provided, That safety measures are adopted to prevent the contamination
of the groundwater;
c) Operating facilities that
discharge regulated water pollutants without the valid required permits
or after the permit was revoked for any violation of any condition
therein;
d) Disposal of potentially
infectious medical waste into sea water by vessels unless the health or
safety of individuals on board the vessel is threatened by a great and
imminent peril;
e) Unauthorized transport or
dumping into sea waters of sewage sludge or solid waste as defined
under Republic Act No.9003;
f) Transport, dumping or
discharge of prohibited chemicals, substances or pollutants listed
under Republic Act No.6969;
g) Operate facilities that
discharge or allow to seep, willfuly or through gross negligence,
prohibited chemicals, substances or pollutants listed under R. A. No.
6969 into water bodies or wherein the same shall be liable to be washed
into such surface, ground, coastal, and marine water;
h) Undertaking activities or
development and expansion of projects, or operating wastewater/sewerage
facilities in violation of Presidential Decree. No.1586 and its
implementing rules, and regulations;
i) Discharging regulated water
pollutants without the valid required discharge permit pursuant to this
Act or after the permit was revoked for any violation of condition
therein;
j) Non-compliance of the LGU
with the Water Quality Framework and Management Area Action Plan. In
such a case, sanctions shall be imposed on the local government
officials concerned;
k) Refusal to allow entry,
inspection and monitoring by the Department in accordance with this Act;
l) Refusal to allow access by
the Department to relevant reports and records in accordance with this
Act;
m) Refusal or failure to submit
reports whenever required by the Department in accordance with this Act;
n) Refusal or failure to
designate pollution control officers whenever required by, the
Department in accordance with this Act; and
o) Directly using booster pumps
in the distribution system or tampering with the water supply in such a
way as to alter or impair the water quality.
Sec. 28. Fines, Damages and
Penalties. - Unless otherwise provided herein, any person who commits
any of the prohibited acts provided in the immediately preceding Sec.
or violates any of the provision of this Act or its implementing rules
and regulations, shall be fined by the Secretary, upon the
recommendation of the PAB in the amount of not less than Ten thousand
pesos (P10,000.00) nor more than Two hundred thousand pesos
(P200,000.00) for every day of violation. The fines herein prescribed
shall be increased by ten percent (10%) every two (2) years to
compensate for inflation and to maintain the deterrent function of such
fines: Provided, That the Secretary, upon recommendation of the PAB may
order the closure, suspension of development or construction, or
cessation of operations or, where appropriate disconnection of water
supply, until such time that proper environmental safeguards are put in
place and/or compliance with this Act or its rules and regulations are
undertaken. This paragraph shall be without prejudice to the issuance
of an ex parte order for such closure, suspension of development or
construction, or cessation of operations during the pendency of the
case.
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;
b) five (5) or more violations
within a period of two (2) years; or
c) blatant disregard of the
orders of the PAB, such as the non-payment of fines, breaking of seals
or operating despite the existence of an order for closure,
discontinuance or cessation of operation.
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
ACTIONS
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
b) By any such order, rule or
regulation issued by the Department with respect to such standard or
limitation.
CHAPTER
7
FINAL
PROVISIONS
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.
The draft of the implementing rules and regulations shall be published
and be the subject of public consultations with affected sectors.
There shall be a mandatory review of the implementing rules and
regulations and standards set 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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