Republic Act No.

9275
Title
Date Published
Date of Effectivity
Role of the State

Coverage
Act

of

the

Philippine Clean Water Act of 2004

April 21, 2004
May 6, 2004
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 by:
protecting the countrys water bodies from pollution from land-based
sources (industries and commercial establishments, agriculture and
community/household activities).
providing for a comprehensive and integrated strategy to prevent and
minimize pollution through a multi-sectoral and participatory approach
involving all the stakeholders.
It 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;

Role of DENR

Role
of
agencies

other

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.
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.
Shall have the right to:
o (a) enter any premises or to have access to documents and relevant
materials such as reports and other written information as may be
required by the department
o (b) inspect any pollution or waste source, control device, monitoring
equipment or method required; and
o (c) test any discharge.
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

Sharlene Paula D. Loreto

Pacita M. Marias
NREL Thursday 5:30PM to 8:30PM

Winchelle Dawn R. Loyola

Atty. Arnaldo Espinas

Maria
RA 9275

Role
of
Local
Government Unit

Role of Business
and Industry

Definition

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.
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.
Shall, in consultation with DENR, LGUs and the appropriate government
agencies, 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.
Aquifer - means a layer of water-bearing rock located underground that transmits
water in sufficient quantity to supply pumping wells or natural springs.
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
Civil Society - means non-government organizations (NGOs) and people's
organizations (POs).
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.
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.
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.
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.
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.
Point source - means any identifiable source of pollution with specific point of

Sharlene Paula D. Loreto

Pacita M. Marias
NREL Thursday 5:30PM to 8:30PM

Winchelle Dawn R. Loyola

Atty. Arnaldo Espinas

Maria
RA 9275

discharge into a particular water body.

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.
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.
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.
Septage - means the sludge produced on individual onsite wastewater disposal
systems, principally septic tanks and cesspools.
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.
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.
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.
Surface water - means all water, which is open to the atmosphere and subject to
surface runoff.
Wastewater - means waste in liquid state containing pollutants.

How will
quality
managed?

water
be

Who will manage

these areas?
Who
are
the
members of the

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.
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).
Management will be localized. Multi-sectoral governing boards will be established
to manage water quality issues within their jurisdiction
Governing Boards shall be composed of representatives of mayors and governors
as well as local government units, representatives of relevant national

Sharlene Paula D. Loreto

Pacita M. Marias
NREL Thursday 5:30PM to 8:30PM

Winchelle Dawn R. Loyola

Atty. Arnaldo Espinas

Maria
RA 9275

Governing
Boards?
What
are
the
functions of the
Governing
Boards?
How will domestic
wastewater
be
addressed?

government agencies, duly registered non-government organizations, the

concerned water utility sector and the business sector.
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.
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.

How
will
discharge
wastewater
discouraged?

the
of
be

All sources of sewage and septage are required to comply with the law.
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.

Wastewater
Discharge Permit

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.
The legal authorization granted by the Department to discharge wastewater.
WHO MAY APPLY? Any person who shall discharge in any manner wastewater into
Philippine waters and/or land.
WHERE TO APPLY? From the Regional Office of the Bureau
DOCUMENTS TO SUBMIT FOR APPLICATION (NEW):
1) Two (2) copies of the prescribed application form
2) Verified Engineers Report prepared by a registered chemical or sanitary
engineer or pollution control officer with the needed information provided
in Rule 14.2 of the IRR.
DOCUMENTS TO SUBMIT FOR APPLICATION (RENEWAL):
1) Copies of the quarterly self-monitoring reports for the immediately
preceding year;
2) Copy of the Certificate of Accreditation of the Pollution Control Officer duly
issued by the DENR, or appointment/designation as such by the Managing
Head
3) Official Receipts for the payment of the applicable Permit Fee and the
Wastewater Discharge Fee
4) Other related documents in relation to land application

PROCESSING PERIOD: Within 30 Working Days from receipt of all the requirements
IS THERE A FEE NEEDED TO PAY? An annual permit fee shall be paid by the
applicant using the volumetric rate of discharge as basis

Sharlene Paula D. Loreto

Pacita M. Marias
NREL Thursday 5:30PM to 8:30PM

Winchelle Dawn R. Loyola

Atty. Arnaldo Espinas

Maria
RA 9275

GROUND/S FOR DISAPPROVAL OF THE APPLICATION: Failure to submit the

necessary requirements
REMEDY FOR DISAPPROVAL OF APPLICATION:
Motion for Reconsideration maybe filed at the regional office within 15 working
days from the date of receipt of a written notice of such disapproval and said
office shall decide within 30 days from the date of receipt of the motion.
If still denied, the decision may be appealed to the Secretary of the Department
within 15 days from receipt of written notice of such decision
Said appeal SHALL NOT STAY THE EXECUTION OF THE DECISION of the Regional
Office unless ordered .otherwise by the Secretary. The decision of the Secretary is
final and executory.
VALIDITY OF THE DISCHARGE PERMIT:
GENERAL RULE: Maximum period of 5 years from the date of its issuance,
renewable for 5-year periods.
EXCEPTION: Maybe renewed for a longer period if the applicant has
adopted waste minimization and waste treatment technologies, consistent
with incentives currently provided has been paying the permit fees on
time.
GROUNDS FOR SUSPENSION OR REVOCATION OF PERMITS:
1) Non-compliance with or gross violation of any provision of the Act, the rules
and regulations and/or permit conditions
2) Deliberate or negligent submission of false information in the application
for permit that led to the issuance of the permit
3) Deliberate or negligent submission of false monitoring data or report
required in the discharge permit.
4) Refusal to allow lawful inspection conducted by the Department thru the
Bureau of duly authorized personnel
5) Non-payment of the appropriate wastewater discharge fees within a 30-day
cure period from the date such payment is due;
6) Other grounds provided by law.

FUNDS

EFFECT OF ANY DISCHARGE WITHOUT PERMIT OR WITH SUSPENDED OR REVOKED

PERMIT: It will be a ground for the IMMEDIATE ISSUANCE of a CEASE and DESIST
ORDER.
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; composed of:
1) fines imposed
2) damages awarded to the government
3) proceeds of permits issued
4) donations, endowments and grants in the form of contributions to the
national government under this Act
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; composed of:
1) fines incurred by the establishments located in rural areas before the
effectivity of this Act
2) fees collected under the wastewater charge system established under
Section 13 of this Act,
3) donations, endowments and grants for water quality management
Environmental Guarantee Fund 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. It 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; maybe in the
form of a

Sharlene Paula D. Loreto

Pacita M. Marias
NREL Thursday 5:30PM to 8:30PM

Winchelle Dawn R. Loyola

Atty. Arnaldo Espinas

Maria
RA 9275

1) trust fund,
2) environmental insurance,
3) surety bonds,
4) letters of credit,
5) self-insurance and
6) any other instruments which may be identified by the Department
INCENTIVES
Incentives are provided to encourage 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.
1) Fiscal and Non-Fiscal Incentives
a. 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
b. Tax and Duty Exemption on Imported Capital Equipment
c. Tax Credit on Domestic Capital Equipment
d. Tax and Duty Exemption of Donations, Legacies and Gifts
2) Financial Assistance Program - Government financial institutions shall
accord high priority to extend financial services to LGUs, WDs, enterprises,
or private entities engaged in sewage collection and treatment facilities.
3) Extension or Grants to LGUs.
REWARDS
It 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.
PROHIBITED ACTS 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.
FINES
AND The following are among the fines and penalties for violators of this Act and its
PENALTIES
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

Sharlene Paula D. Loreto

Pacita M. Marias
NREL Thursday 5:30PM to 8:30PM

Winchelle Dawn R. Loyola

Atty. Arnaldo Espinas

Maria
RA 9275

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.

Sharlene Paula D. Loreto

Pacita M. Marias
NREL Thursday 5:30PM to 8:30PM

Winchelle Dawn R. Loyola

Atty. Arnaldo Espinas

Maria
RA 9275