NATRES

PROHIBITED ACTS | FINES AND PENALTIES | REPUBLIC ACT 9275

PHILIPPINE CLEAN WATER ACT OF 2004

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.

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 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.

PROHIBITED ACTS | FINES AND PENALTIES | REPUBLIC ACT 8749

PHILIPPINE CLEAN AIR ACT OF 1999

Section 1. Fines and Penalties for Violations of Other Provisions in the Act
For violations of all other provisions provided in the Act and these Implementing Rules
and Regulations, fine of not less than Ten Thousand Pesos (P 10,000.00) but not more
than One Hundred Thousand Pesos (P 100,000.00) or six (6) years imprisonment or
both shall be imposed. If the offender is a juridical person, the president, manager,
directors, trustees, the pollution control officer or officials directly in charge of the
operations shall suffer the penalty herein provided.

Section 2. Burning of Municipal Waste

Any person who burns municipal waste in violation of Sections 1 and 3 of Rule XXV
shall be punished with two (2) years and one (1) day to four (4) years imprisonment.

Section 3. Burning of Hazardous Substances and Wastes Any person who burns
hazardous substances and wastes in violation of Section 1 of Rule XXV shall be
punished with four (4) years and one (1) day to six (6) years imprisonment.

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Section 4. Burning of Bio-Medical Waste. Any person who burns bio-medical waste in
violation of Section 4 of Rule XXV shall be punished with four (4) years and one (1) to
six (6) years imprisonment.

Section 5. Smoking in Public Places Any person who smokes inside a public building or
an enclosed public place, including public
utility vehicles or other means of public transport or in any enclosed area outside of his
private residence, private place of work or any duly designated smoking area shall be
punished with six (6) months and one (1) day to one (1) year imprisonment or a fine of
ten thousand pesos (P 10,000.00).

Section 6. Manufacture, Importation, Sale, Offer for Sale, Introduction into

Commerce, Conveyance or other Disposition of Leaded Gasoline.
Any person who manufactures, imports, sells, offers for sale, introduces into
commerce, conveys or otherwise disposes of, in any manner leaded gasoline shall be
punished with three (3) years and one (1) day to five (5) years imprisonment and liable
for the appropriate fine as provided in Section 1.

Section 7. Manufacture, Importation, Sale, Offer for Sale, Introduction into

Commerce, Conveyance or other Disposition of Engines and/or Engine Components
Requiring Leaded Gasoline.

Any person who manufactures, imports, sells, offers for sale, introduces into commerce,
conveys or otherwise disposes of, in any manner engines and/or engine components
which require the
use of leaded gasoline shall be punished with three (3) years and one (1) day to five (5)
years
imprisonment and liable for the appropriate fine as provided in Section 1.

Section 8. Manufacture, Importation, Sale, Offer for Sale, Dispensation, Transportation

or Introduction into Commerce of Unleaded Gasoline Fuel which do not Meet the Fuel

Specifications.

Any person who manufactures, sells, offers for sale, dispenses, transports or introduces
into commerce unleaded premium gasoline fuel in violation of Section 3 of Rule XXXI or
which do not meet the fuel specifications as revised by the DOE shall be punished with
three (3) years and one (1) day to five (5) years imprisonment and liable for the
appropriate fine as provided in Section 1.

Section 9. Manufacture, Importation, Sale, Offer for Sale, Dispensation, Transportation

or Introduction into Commerce of Automotive Diesel Fuel which do not Meet the Fuel.

Specifications.

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Any person who manufactures, sells, offers for sale, dispenses, transports or introduces
into commerce automotive diesel fuel in violation of Section 3 of Rule XXXI or which do
not meet the fuel specifications as revised by the DOE shall be punished with three (3)
years and one (1) day to five (5) years imprisonment and liable for the appropriate fine
as provided in Section 1.

Section 10. Manufacture, Importation, Sale, Offer for Sale, Dispensation,

Transportation or Introduction into Commerce of Industrial Diesel Fuel which do not
Meet the Fuel

Specifications.

Any person who manufactures, sells, offers for sale, dispenses, transports or introduces
into commerce industrial diesel fuel in violation of Section 3 of Rule XXXI or which do
not meet the fuel specifications as revised by the DOE shall be punished with three (3)
years and one (1) day to five (5) years imprisonment and liable for the appropriate fine
as provided in Section 1.

Section 11. Manufacture, Processing, Trade of Fuel or Fuel Additive Without

Prior Registration of the Fuel or Fuel Additive with the DOE.

Any person who manufactures, processes, or engages in the trade of any fuel or fuel
additive without having the fuel or fuel additive registered with the DOE shall be
punished with two (2) years and one (1) day to four (4) years of imprisonment and liable
for the appropriate fine as provided in Section 1.

Section 12. Misfuelling.

Misfuelling refers to the act of introducing or causing or allowing the introduction of
leaded gasoline into any motor vehicle equipped with a gasoline tank filler inlet and
labeled unleaded gasoline only.

Any person who misfuels shall be punished with one (1) year and one (1) day to three
(3) years imprisonment or a fine of twenty thousand pesos (P 20,000.00)