What you should know about the Clean Water Act

Why the need for the Clean Water Act?

As early as 1996, monitoring of the countrys rivers showed that only 51% of the classified
rivers still met the standards for their most beneficial use. The rest were already polluted
from domestic, industrial and agricultural sources.
Most studies point to the fact that domestic wastewater is the principal cause of organic
pollution (at 48%) of our water bodies. Yet, only 3% of investments in water supply and
sanitation were going to sanitation and sewage treatment.
A recent World Bank report pointed out that Metro Manila was second to the lowest in
sewer connections among major cities in Asia and less than 7% compared to 20% for
Katmandu, Nepal and 30% for Dhaka, Bangladesh.
Thirty-one percent (31%) of all illnesses in the country are attributed to polluted waters.
Clearly, to ensure access to clean water for all Filipinos, it was imperative that government
put together a comprehensive strategy to protect water quality.
What is the Clean Water Act?
The Philippine Clean Water Act of 2004 (Republic Act No. 9275) aims to protect the
countrys water bodies from pollution from land-based sources (industries and commercial
establishments, agriculture and community/household activities). It provides for a
comprehensive and integrated strategy to prevent and minimize pollution through a multi-
sectoral and participatory approach involving all the stakeholders.
Highlights of the Clean Water Act
How will water quality be managed?
Management of water quality will either be based on watershed, river basin or water
resources region. Water quality management areas with similar hydrological,
hydrogeological, meteorological or geographic conditions which affect the reaction and
diffusion of pollutants in water bodies are to be designated by the DENR in coordination
with
the National
Water Resources Board (NWRB).
Who will manage these areas?
Management will be localized. Multi-sectoral governing boards will be established to manage
water quality issues within their jurisdiction.
Who are the members of the Governing Boards?
Governing Boards shall be composed of representatives of mayors and governors as well as
local government units, representatives of relevant national government agencies, duly
registered non-government organizations, the concerned water utility sector and the
business sector.
What are the functions of the Governing Boards?
The Governing Boards will formulate strategies to coordinate policies necessary for the
effective implementation of this Act. They will create a multi-sectoral group to establish and
effect water quality surveillance and monitoring.
How will discharges of wastewater be controlled?
All owners or operators of facilities that discharge wastewater are required to get
apermit to discharge from the DENR or the Laguna Lake Development Authority. Existing
industries without any permit are given 12 months from the effectivity of the implementing
rules and regulations (IRR) promulgated pursuant to this Act to secure a permit to
discharge.
How will domestic wastewater be addressed?
The Department of Public Works and Highways (DPWH), in coordination with local
government units will prepare a national program on sewage and septage management not
later than 12 months from effectivity of this Act. A priority list will likewise be prepared
which will be the basis for the allotment of funds on an annual basis by the national
government for the construction and rehabilitation of required facilities.
On the other hand, LGUs are to provide the land including road right of the way for the
construction of sewage and/or septage treatment facilities and raise funds for the
operations and maintenance of said facilities.
The Department of Health (DOH) will formulate guidelines and standards for the collection,
treatment and disposal of sewage as well as the guidelines for the establishment and
operation of centralized sewage treatment system. The MWSS and other agencies mandated
to provide water supply and sewerage facilities are required to connect existing sewage
lines, subject to the payment of sewerage
service
charges/fees within five years following effectivity of this Act.
All sources of sewage and septage are required to comply with the law.
How will the discharge of wastewater be discouraged?
Anyone discharging wastewater into a water body will have to pay a wastewater charge.
This economic instrument which will be developed in consultation with all concerned
stakeholders is expected to encourage investments in cleaner production and pollution
control technologies to reduce the amount of pollutants generated and discharged.
Effluent trading per management area will also be allowed.
Rewards will also be given to those whose wastewater discharge is better than the water
quality criteria of the receiving body of water. Fiscal and non-fiscal incentives will also be
given to LGUs, water districts, enterprise, private entities and individuals who develop and
undertake outstanding and innovative projects in water quality management.
What safeguards are provided for?
All possible dischargers are required to put up an environmental guarantee fund (EGF) as
part of their environmental management plan. The EGF will finance the conservation of
watersheds and aquifers, and the needs of emergency response, clean up or rehabilitation.
What are the prohibited acts under R.A. 9275?
Among others, the Act prohibits the following:
Discharging or depositing any water pollutant to the water body, or such which will
impede natural flow in the water body
Discharging, injecting or allowing to enter into the soil, anything that would pollute
groundwater
Operating facilities that discharge regulated water pollutants without the valid required
permits
Disposal of potentially infectious medical waste into sea by vessels
Unauthorized transport or dumping into waters of sewage sludge or solid waste.
Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed
under Toxic Chemicals, Hazardous and Nuclear
Wastes Control Act (Republic.Act No. 6969)
Discharging regulated water pollutants without the valid required discharge permit
pursuant to this Act
Noncompliance of the LGU with the Water Quality Framework and Management Area
Action Plan
Refusal to allow entry, inspection and monitoring as well as access to reports and records
by the DENR in accordance with this Act
Refusal or failure to submit reports and/or designate pollution control officers whenever
required by the DENR in accordance with this Act
Directly using booster pumps in the distribution system or tampering with the water
supply in such a way to alter or impair the water quality
Operate facilities that discharge or allow to seep, willfully or through grave negligence,
prohibited chemicals, substances, or pollutantslisted under R.A. No. 6969, into water
bodies.
Undertake activities or development and expansion of projects, or operating wastewater
treatment/sewerage facilities in violation of P.D.1586 and its IRR.
What are the fines and penalties imposed on polluters?
The following are among the fines and penalties for violators of this Act and its IRR:
Upon the recommendation of the Pollution Adjudication Board (PAB), anyone who commits
prohibited acts such as discharging untreated wastewater into any water body will be fined
for every day of violation, the amount of not less than Php 10,000 but not more than Php
200,000.
Failure to undertake clean-up operations willfully shall be punished by imprisonment of not
less than two years and not more than four years. This also includes a fine of not less than
Php 50,000 and not more than Php 100,000 per day of violation. Failure or refusal to clean
up which results in serious injury or loss of life or lead to irreversible water contamination of
surface, ground, coastal and marine water shall be punished with imprisonment of not less
than 6 years and 1 day and not more than 12 years and a fine of Php 500,000/day for each
day the contamination or omission continues.
In cases of gross violation, a fine of not less than Php 500,000 but not more than Php
3,000,000 will be imposed for each day of violation. Criminal charges may also be filed.
Who should implement the Clean Water Act?
The DENR is the primary government agency responsible for the implementation and
enforcement of this Act, with the support of other government organizations, local
government units, non -government organizations and the private sector.
Towards this end, the DENR will review and set affluent standards, review and enforce
water quality guidelines, classify groundwater sources and prepare a national groundwater
vulnerability map, classify or reclassify water bodies, establish internationally accepted
procedures for sampling and analysis, prepare an integrated water quality management
framework and subsequently prepare 10-year management plans for each water
management area.
The roles of other key government agencies are:
The Philippine Coast Guard shall enforce water quality standards in marine waters,
specifically from offshore sources.
The Department of Public Works and Highways through its attached agencies shall provide
sewerage and sanitation facilities, and the efficient and safe collection, treatment and
disposal of sewage within their area of jurisdiction.
The Department of Agriculture shall formulate 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.
The Department of Health shall set, revise and enforce drinking water quality standards.
The Department of Science and Technology shall evaluate, verify, develop and
disseminate pollution prevention and cleaner production technologies.
The Department of Education, Commission on Higher Education, Department of Interior
and Local Government, and the Philippine Information Agency shall prepare and implement
a comprehensive and continuing public education and information program.
Reaction paper , RA 8749, RA 9003, RA 9275
SATURDAY, JANUARY 08, 2005 RANDY S. GAMBOA, PHD NO COMMENTS
R.A. 8749
Philippine Clean Air Act 0f 1999

The Clean Air Act was envisioned to fight air pollution by : (1) Reducing emissions from motor vehicles (which
account for 80 percent of the air pollution) from factories and power plants (which account for the remaining 20
percent); (2) Improving fuel quality to reduce or eliminate lead in gasoline and sulfur in diesel; (3) Reducing traffic
congestion and improving traffic flow; (4) Strengthening quality monitoring, evaluation and reporting through hi-
tech equipment; and (5) Preventing other sources of pollution such as incinerators,
garbage
burning and smoking.

Studies show that air in Metro Manila is no longer in safe. Worsening air pollution has caused more than 10,000
excess cases of acute bronchitis, almost 300 excess cases of asthma and nine excess cases of chronic bronchitis. At
home, I usually drink 500mg of ascorbic acid but if I have scheduled traveled to Manila, I would always drink 1000mg
of ascorbic acid just to keep my self healthy and strengthen my immune system.

In an article written by former Senator Alvarez, DENR destroys spirit and intent of Clean Air Act, he mentioned that
motor vehicles being registered must not exceed the 0.5 percent carbon dioxide emission to pass the emission test.
This was based on Euro 1 levels of 1991, a globally accepted emission standards. But the DENR through Department
Administrative order no. 51 dated October 2003, lowered the Acts allowable carbon monoxide emission from the
Euro1 standard of 0.35 percent to 0.5 percent by volume which according to Senator Alvarez is way off the Acts
standard and violated some provisions of the law because congress has the exclusive power to amend the law. And
worse, the relaxed the emission standards indefinitely, setting our anti-pollution program several steps backwards.
But what is worst to me is that during emission testing, technician in testing center can easily manipulate the results
of the test by simply making adjustment on the engine. And this had been the practice by most emission testing center
here in Davao, and I have been a witness to this kind of practice being an owner of a private vehicle.

In the same column, according to Senator Alvarez that many may not know but since May 25, 2001, the Clean Air Act
calls for a nationwide ban on smoking but this has not been thoroughly implemented. Long time exposure to direct
and side stream tobacco smoke has been a leading cause of lung cancer and mouth cancer worldwide. In Davao City,
an ordinance was passed and was enacted into law, prohibiting smoking inside public buildings, enclosed places
including public vehicles and other means of transportation, any enclosed area outside private residences or private
workplaces; and any duly designated enclosed area is strictly prohibited. The initial implementation of the law was
very good but it soften when certain personalities (a congressman and IBP president) were caught smoking. In one
daily newspaper Ive read, a picture of a lawmaker smoking inside the session hall, with the caption, A LAWMAKER
a LAWBREAKER.

How could we expect full and strict and implementation of the law when those who crafted and implemented it were
the ones breaking the law. But I am still hoping that as we celebrate the Clean Air Month this November, correct
implementation of the Act would be in full swing.

R.A. 9003
ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000

The Ecological Solid Waste Management Act of 2000 (Republic Act 9003) passed in January 2000 was enacted
largely in response to the growing scarcity of disposal sites, particularly in Metro Manila, which resulted in the
garbage crisis in the region. The law emphasizes solid waste avoidance and volume reduction through source
reduction and waste minimization measures, with the protection of public health and the environment as the primary
goal.

Solid waste management whose importance is directly related to public health, resource management and utilization,
and maintaining a clean environment, is necessary in ensuring human development. Solid waste management
benefits the population in many ways.

A study made in Davao City indicates that waste segregation at the household level is not widely practiced and waste
recycling is minimal. Past efforts to promote waste segregation at source have failed despite the issuance of city
ordinances providing for sanctions and penalties for non-compliance. Some reasons that have been cited for the non-
compliance include: indifference of local residents to participate in community waste management-related activities,
local government collection services non-allowance for segregated waste collection, residents attitude that
government has the sole responsibility over garbage management and lack of information and education campaigns.
The City Government admitted that they failed to focus on solid waste management concerns and had difficulty
enforcing the policy due to lack of budget and resources to educate the public on the proper means of disposing
garbage in accordance with Republic Act 9003 or the Ecological Management Law.
To address this problem, I think education drive and a budget to teach residents about segregation would be needed.
But even if the public will be educated , the next problem would be sourcing the money to buy the trash cans and
colored plastic needed for the dumping of the segregated waste and it seems that with the worsening economic crisis
and unemployment, it is highly likely that the trash cans which would be provided for segregated garbage would be
stolen and sold. Barangay officials should campaign for the adoption of segregation among households within their
neighborhood. The "heart and soul" of RA 9003 is mobilizing barangay officers and their constituents to make
recovery facilities or areas for recycling household waste.


R.A. 9275
Philippine Clean Water Act


Republic Act 9275 is an act providing for a comprehensive water quality management. It primarily attempts to
harmonize economic growth and environmental concern on water.

The general approach is creation of water quality management areas (WQMA) by the Department of Environment
and Natural Resources (DENR) using physiographic units such as watershed, river basins or water resources regions.
The Act directs the Department of Public Works and Highways (DPWH) and its attached agencies to prepare a
national program on sewerage and septage management and the Department of Health (DOH) to formulate
guidelines and standards for the collection, treatment and disposal of sewage including guidelines for the
establishment and operation of centralized sewage treatment system. Further, the DENR shall establish standards for
each significant wastewater parameter per industry sector and implement a wastewater charge system in all
management areas 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.

The creation of WQMAs may be a holistic approach to water body management. However, this involves serious
coordination work and requires a big budget. On the other hand, since the sewerage and septage management is
included, this is an indicator that the government is giving importance to this environmental aspect which has been
taken for granted for years.

With regards to charges and penalties, it follows the polluter pays principle, which basically means that the more
you pollute, the more you pay to the government. Though this may be a better approach, there would also be a
tendency that industries would pass on the charges to their consumers through increase in the prices of their
products. Nevertheless, the incentives lined up in the Act may also serve as come-on to industries to adhere to a
cleaner and environment-friendly production process.

Lastly, because the approach is holistic and comprehensive, it is important that there is a strong linkage and funding
mechanism.



Republic Act No. 9275: The Philippine Clean Water Act of 2004[1]

Albert P. Aquino and Aleta Belissa D. Correa[2]

Introduction
As an archipelago, the Philippines is surrounded with water. It ranks fourth with the longest coastline in
the world measuring 36,289 km (22,559 miles)[3] while its water area covers 1,830 sq km (The World
Factbook). The countrys water resources have played a significant role in its development. However,
some development efforts, combined with the rising demands of the ever-increasing population, have
caused damage to these water resources. In response, a law was signed to 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 (Section 2[4]).
The Philippine Clean Water Act of 2004
Republic Act (R.A.) No. 9275 titled An Act Providing for a Comprehensive Water Quality Management
and for Other Purposes, also known as the Philippine Clean Water Act of 2004 (CWA), was signed by
former President Gloria Macapagal-Arroyo on March 22, 2004. It took effect on May 6, 2004, with its
Implementing Rules and Regulation (IRR) contained in the Department of Environment and Natural
Resources (DENR) Administrative Order (A.O.) No. 2005-10.
Coverage
The law applies to water quality management in all water bodies. It primarily applies to the abatement and
control of pollution from land-based sources. The water quality standards and regulations and the civil
liability and penal provisions under the law shall be enforced irrespective of sources of pollution (Section
3).
In addition to regulating pollution of water bodies, DENR shall formulate and apply standards for
the transport and disposal of effluent, sewage and septage offsite, whether offshore or on land as well as
disposal of individual wastewater on land. The Department of Agriculture(DA) shall develop guidelines for
re-use of wastewater for irrigation purposes or as soil conditioner or fertilizer (Rule 3.1[5]).
Institutional mechanism
The Department of Environment and Natural Resources (DENR), as the primary agency responsible for
the implementation of the CWA, shall take the lead in the preparation, implementation, and enforcement
of the following (Rule 19):
National water quality status report this report shall identify (a) the location of water bodies, their
quality, taking into account seasonal, tidal and other variations, existing and potential uses and sources
of pollution per specific pollutant and pollution load assessment; (b) water quality management areas,
and water classification (Rule 19.1).
Integrated Water Quality Management Framework (IWQMF) this may contain, but not limited to the
following: (a) assessment of policies and institutional arrangements and capacities relevant to water
quality management including the strategy of devolution to LGUs; (b) management strategies; (c)
sustainable financing strategies; and (d) performance monitoring (Rule 19.2).
Water Quality Management Area (WQMA) Action Plan for each WQMA - includes, but not 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 (Rule 19.3)
Groundwater vulnerability mapping- the DENR through the Mines and Geosciences Bureau (MGB) shall
publish a national groundwater vulnerability map (rule 19.4), which 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 (Section 4 t).
Water quality guidelines these shall reflect the latest scientific knowledge on the following matters: (a)
effects of pollutants on public health, biological diversity, aquatic life, productivity and stability, including
information on the factors affecting rates of eutrophication and rates of organic and inorganic
sedimentation for varying types of waterways, bio-accumulation of chemicals; (b) concentration and
dispersal of pollutants including naturally occurring pollutants in highly mineralized areas, through
physical, chemical and biological processes; pollution loading may also be used together with the
concentration scheme; and (c) beneficial uses of the receiving water body (Rule 19.5).
Effluent standards - 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 (Section 4 n).
Procedures for sampling and analysis of pollutants the DENR shall adopt alternative internationally
accepted testprocedures for sampling and analysis of pollutants (Rule 19.7).
Accreditation system of laboratories - the DENR, in coordination with DOST, DTI, DOH, and other
concerned agencies, academe, professional associations, and private sector, shall formulate, maintain,
and manage a system of accreditation for laboratories (Rule 19.8).
Categories of point and non-point sources the DENR shall issue and publish guidelines on the (a)
identification and evaluation of the nature and extent of non-point sources of pollution; and (b) processes,
procedures, and methods to control pollution resulting there from (Rule 19.9). Point source means any
identifiable source of pollution with specific point of discharge into a particular water body (Section 4
aa).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
(section 4 z).
Classification of groundwater sources The Environmental Management Bureau (EMB) of DENR shall
coordinate with the NWRB and other relevant agencies in the classification of groundwater sources. (Rule
19.10).
Classification and re-classification of water bodies All water bodies shall be classified according to their
potential beneficial usage, taking into account, among, others, the following: (a) existing quality of the
body of water; (b) size, depth, surface area covered, volume, direction, rate of flow and gradient stream;
(c) most beneficial existing and future use of said bodies of water and lands bordering them, such as for
residential, agricultural, aqua cultural, commercial, industrial, navigational, recreational, wildlife
conservation and aesthetic purposes; and (d) vulnerability of surface and groundwater to contamination
from pollutive and hazardous wastes, agricultural chemicals and underground storage tanks of
petroleum products (Rule 19.11)
Information and dissemination campaigns these cover 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 other government agencies (Section 19 n).
On the other hand, the Local Government Units (LGUs) are responsible in the management and
improvement of water quality within their territorial jurisdictions. Each local government unit shall, through
its Environment and Natural Resources Office (ENRO) established in Republic Act No.7160[6], have the
following powers and functions (Section 20):
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.
Moreover, the DENR 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 (Section 21).
The Department and its concerned attached agencies including the Laguna Lake Development Authority
(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 (Section 22):
a) Philippine Coast Guard in coordination with DA and the DENR shall enforce for the
enforcement of water quality standards in marine waters, set pursuant to this Act, specifically from
offshore sources;
b) The Department of Public Works and Highways (DPWH) through its attached agencies, such
as the Metropolitan Waterworks and Sewerage System (MWSS), Local Water Utilities
Administration (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) the Department of Agriculture (DA), shall coordinate with the DENR 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. 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) The Department of Health (DOH) shall be primarily responsible for the promulgation, revision
and enforcement of drinking water quality standards;
e) The Department of Science and Technology (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) The 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.
The DENR, 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 (Section 24).
National water quality management fund
A National Water Quality Management Fund to be administered by the DENR, in coordination with other
concerned agencies, as a special account in the National Treasury, is established and to be used to
finance the following (Section 9):
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.
In addition, the Area Water Quality Management Fund is 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 (Section 10).
Water pollution permits and charges
A wastewater charge system in all management areas will be implemented. Wastewater charges shall be
established taking into consideration the following (Section 13):
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 discharge permit, specifying, 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 shall
be the legal authorization from the DENR to discharge wastewater (Section 14).
Prohibited acts
The following acts are hereby prohibited (Section 27):
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.
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, willfully 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.
Fines, damages and penalties
Fines, damages and penalties to be filed by the DENR Secretary, upon the recommendation of the
Pollution Adjudication Board (PAB), include (Section 28):
For any person committing any of the prohibited acts or violating any of the provision of the law or its IRR
not less than Ten thousand pesos (P10,000.00) nor more than Two hundred thousand pesos
(P200,000.00) for every day of violation (to be increased by ten percent (10%) every two (2) years to
compensate for inflation and to maintain the deterrent function of such fines); 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.
Failure to undertake clean-up operations, willfully, or through gross negligence 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.
Failure or refusal to undertake clean-up operations which results in serious injury or loss of life and/or
irreversible water contamination of surface, ground, coastal and marine water 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.
For gross violation (includes: (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) 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.
For violations falling under Section 4 of Presidential Decree No.979[7] - a fine of not 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.
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[8] as amended.
Repealed and amended laws
The CWA repealed Presidential Decree No.984 Providing for the Revision of Republic Act No. 3931,
Commonly Known as the Pollution Control Law, and for Other Purposes, signed on August 18, 1976. On
the other hand, the following laws are amended and modified accordingly:
Republic Act No. 6969 An Act to Control Toxic Substances and Hazardous and Nuclear Wastes,
Providing Penalties for Violations Thereof, and for Other Purposes, signed on October 26, 1990
Republic Act No. 4850, as amended An Act Creating the Laguna Lake Development Authority,
Prescribing its Powers, Functions and Duties, Providing Funds Thereof, and for Other Purposes signed
on 18 July 1966.
Presidential Decree No. 1586 Establishing An Environmental Impact Statement System, Including
Other Environmental Management Related Measures And For Other Purposes signed on June 11, 1978.
Presidential Decree No.1152 Philippine Environmental Code signed on June 6, 1977
Presidential Decree No.979 Providing for the Revision of Presidential Decree No. 600 Governing
Marine Pollution signed on August 18, 1976
Presidential Decree No.856 Code On Sanitation signed on December 23, 1975
Conclusion
The Philippines is blessed with water resources, which have played a significant role in its development.
The CWA is one way to safeguard these water resources. It provides sanctions for those who will pollute
the water. The success of the CWA depends on its implementation and on each individuals effort to
protect these water resources.
References

Clean Water Act Implementing Rules and Regulations. Accessed in May
2014. http://www.ecosan.ph/dmdocuments/CWA_IRR_14_April_05_Final.pdf
Executive Order No. 927. Accessed in April 2014. http://www.llda.gov.ph/dox/laws/eo927.pdf
Local Government Code of 1991. Accessed in May 2014. http://www.gov.ph/1991/10/10/republic-act-no-
7160/
Presidential Decree No. 813. Accessed in April
2014. http://www.lawphil.net/statutes/presdecs/pd1975/pd_813_1975.html
Presidential Decree No. 856. Accessed in May
2014. http://www.lawphil.net/statutes/presdecs/pd1975/pd_856_1975.html
Presidential Decree No. 979 Accessed in May
2014. http://www.lawphil.net/statutes/presdecs/pd1976/pd_979_1976.html
Presidential Decree No. 984. Accessed in May
2014. http://www.lawphil.net/statutes/presdecs/pd1976/pd_984_1976.html
Presidential Decree No. 1152. Accessed in May
2014. http://www.lawphil.net/statutes/presdecs/pd1977/pd_1152_1977.
Presidential Decree No. 1586. Accessed in May
2014. http://www.lawphil.net/statutes/presdecs/pd1978/pd_1586_1978.html
Republic Act No. 6969 Accessed in May
2014. http://laws.chanrobles.com/republicacts/70_republicacts.php?id=6973
Republic Act. No. 9275. Accessed in May
2014. http://www.lawphil.net/statutes/repacts/ra2004/ra_9275_2004.html
The World Fact book. Accessed in May 2014. https://www.cia.gov/library/publications/the-world-
factbook/geos/rp.html
The Top 5 Countries with the Longest Coastline. Accessed in May
2014. http://top5ofanything.com/index.php?h=5abfe64f
Date submitted: July 29, 2014
Reviewed, edited and uploaded: July 30, 2014






[1] A short policy paper submitted to the Food and Fertilizer Technology Center (FFTC) for the project
titled Asia-Pacific Information Platform in Agricultural Policy. Short policy papers, as corollary outputs of
the project, describe pertinent Philippine laws and regulations on agriculture, aquatic and natural
resources.

[2] Philippine Point Person to the FFTC Project on Asia-Pacific Information Platform in Agricultural Policy
and Director, and Science Research Specialist II, respectively, of the Socio-Economics Research
Division-Philippine Council for Agriculture, Aquatic and Natural Resources Research and Development
(SERD-PCAARRD) of the Department of Science and Technology (DOST), Los Baos, Laguna, the
Philippines.

[3] The Top 5 Countries with the Longest Coastline.

[4] All Sections refer to R.A. No. 9275 unless indicated.

[5] All Rules refer to the IRR of CWA unless indicated.
[6] Local Government Code of 1991
[7] unlawful for any person to (a) discharge, dump or suffer, permit the discharge of oil, noxious gaseous
and liquid substances and other harmful substances from or out of any ship, vessel, barge, or any other
floating craft, or other man-made structures at sea, by any method, means or manner, into or upon the
territorial and inland navigable waters of the Philippines; (b) throw, discharge or deposit, dump, or cause
suffer or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other
floating craft of vessel of any kind, or from the shore, wharf, manufacturing establishment, or mill of any
kind, any refuse matter of any kind or description whatever other than that flowing from streets and
sewers and passing therefrom in a liquid state into tributary of any navigable water from which the same
shall float or be washed into such navigable water; and (c) deposit or cause, suffer or procure to be
deposited material of any kind in any place on the bank of any navigable water or on the bank of any
tributary of any navigable water, where the same shall be liable to be washed into such navigable water,
either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be
impeded or obstructed or increased the level of pollution of such water.

[8] Laguna Lake Development Authority Act states that Any person, natural or juridical, who shall violate
any of the provisions of this Act or any rule or regulation promulgated by the Authority pursuant thereto
shall be liable to imprisonment of not exceeding three years or to a fine not exceeding Five Thousand
Pesos or both at the discretion of the court. If the violator be a corporation, partnership or association, the
officer or officers of the organization concerned shall be liable therefor. The Authority is hereby authorized
to pursue separate civil actions for damages resulting from infractions of the provisions of this Act, rules
or regulations issued pursuant thereto and/or conditions embodied in the clearances or permits issued by
the Authority." (Section 27 of P.D. No. 813, adding a new section after Section 39 of R.A. No. 4850 to be
known as Section 39-A)