We will only know the worth of water when the well is dry.

-Benjamin Franklin

The Philippine Clean Water Act of 2004 and DENR Administrative Order 34 and 35, Series of 1990

I. Basic Description
Republic Act No. 9275: The Philippine Clean Water Act of 2004

DENR Administrative Order 34, Series of 1990

DENR Administrative Order 35, Series of 1990

I. Basic description

The Philippine Clean Water Act of 2004 RA 9275

An act providing for a comprehensive water quality management and for other purposes

I. Basic description

Effectivity
SECTION 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.

I. Basic description

Promulgation:
RA 9275 was passed by the Senate and the House of Representatives on February 4, 2004 and approved on March 22, 2004.

I. Basic description

Protect water bodies from pollution

Commercial establishments Agriculture Household activities

I. Basic description

DENR Administrative Order 34, Series of 1990

Revised Water Usage and Classification / Water Quality Criteria

I. Basic description DENR Administrative Order 34, Series of 1990

Section 68 defines classification of water bodies according to their best usage Section 69 identifies the different parameters and criteria for water quality required for each type of classification

I. Basic description

DENR Administrative Order 35, Series of 1990

Revised Effluent Regulations of 1990

I. Basic description

DENR Administrative Order 35, Series of 1990

Prescribes the standards for discharge of effluents to the different classifications of water bodies

I. Basic description

Promulgation:

DENR Administrative Order 34 and 35, Series of 1990 were promulgated on March 20, 1990

Objectives

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;

Objectives

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;

Objectives

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;

Objectives

f) To encourage cooperation and selfregulation 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;

Objectives

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;

Objectives

i) To formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity; and

Objectives

j) To encourage civil society and other sectors, particularly labor, the academe and business undertaking environmentrelated activities in their efforts to organize, educate and motivate the people in addressing pertinent environmental issues and problems at the local and national levels.

II. Major Provisions and Interrelations

Water Quality Management Area

The DENR in coordination with National Water Resource Board (NWRB) will designate areas as water quality management areas.
This area will be governed by a governing board chaired by the Department representative. Each of these management areas will create a multisectoral 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.

II. Major Provisions and Interrelations

Management of Non-attainment Areas

The Department shall designate water bodies or portions of it where specific pollutants from either natural or manmade source have already exceeded water quality guidelines as nonattainment areas for the exceeded pollutants.

II. Major Provisions and Interrelations

Management of Non-attainment Areas

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.

II. Major Provisions and Interrelations

Management of Non-attainment Areas

The Department shall designate water bodies or portions of it where specific pollutants from either natural or man-made source have already exceeded water quality guidelines as non-attainment areas for the exceeded pollutants.

II. Major Provisions and Interrelations

National Sewerage and Septage Management Program

The Department of Public Works and Highways (DPWH) with the help of other agencies and in coordination with the Department, local government units (LGUs) will prepare a national program on sewerage and septage management in connection with Section 8 hereof.

Taipao, Sulu

II. Major Provisions and Interrelations

Domestic Sewage Collection, Treatment and Disposal

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 in Metro Manila and other highly urbanized cities (HUCs) will be connected to available sewerage system. This job will be assigned to the agency responsible for providing water supply and sewerage facilities and/or concessionaires.

II. Major Provisions and Interrelations

Wastewater Charge System

Under RA 9275 the Department implements 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. The fee shall be based on the net waste load depending on the wastewater, charge formula which shall be established with due public consultation.

II. Major Provisions and Interrelations

Discharge Permits
Under the Clean Water Act owners or operators of facilities that discharge regulated effluents pursuant to this Act are required to secure a permit to discharge from DENR. 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.

II. Major Provisions and Interrelations

FINANCIAL LIABILITY MECHANISM

Financial Liability for Environmental Rehabilitation
Under this act, DENR requires the program and project proponent to include 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. This fund 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.

II. Major Provisions and Interrelations

FINANCIAL LIABILITY MECHANISM

Financial Liability for Environmental Rehabilitation

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 DENR.

II. Major Provisions and Interrelations

FINANCIAL LIABILITY MECHANISM

Clean-Up Operations. The Department shall hold any person, who causes pollution in or pollutes water bodies in excess of the applicable and prevailing standards, responsible to contain, remove and cleanup any pollution incident at his own expense to the extent that the same water bodies have been rendered unfit for utilization and beneficial use who causes pollution in or pollutes water bodies in excess of the applicable and prevailing standards shall: 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.

II. Major Provisions and Interrelations

FINANCIAL LIABILITY MECHANISM

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.

II. Major Provisions and Interrelations

Programmatic Environmental Impact Assessment

Under this Act programmatic compliance with the environmental impact assessment system will be implemented by DENR where

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) 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.

II. Major Provisions and Interrelations

DENR Administrative Order 34

Section 68 of the said AO entitled Water Usage and Classification says that the quality of Section 69 entitled Water Quality and Philippine waters shall be maintained in a safe Criteria provides condition accordingfor Surface best minimum Criteria to their Waters satisfactory and Water Quality Criteria for usage are usages. Classifications for beneficial Fresh Waters. With the help of the provided in the section. criteria provided by the AO, Non-attainment areas can be designated. Also multi-sectoral groups in each water quality management area can refer to the criteria in assessing the quality of water in their reports.

II. Major Provisions and Interrelations

Programmatic Environmental Impact Assessment

Under this Act programmatic compliance with the environmental impact assessment system will be implemented by DENR where

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) 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.

II. Major Provisions and Interrelations

DENR Administrative Order 35

Section 4 is entitled Heavy Metals and toxic substances. Effluents being discharged in the bodies of water should not contain toxic substance in levels greater than those indicated in the table.

TABLE 1 - Effluent Standards: Toxic and Other Deleterious Substance

Protected Protected Waters Waters Parameter Unit Category I Category II (Class AA & (Class A,B & SA) SB) OEI NPI OEI NPI b mg/ b 0.2 0.1 Arsenic L b mg/ b 0.05 0.02 Cadmium L b mg/ b 0.1 0.05 Chromium L (hexavalent) b mg/ b 0.2 0.1 Cyanide L b mg/ b 0.2 0.1 Lead L b mg/ b 0.005 0.005 Mercury L (Tot.) b mg/ b 0.003 0.003 PCB L b 2.0 1.0 Formaldehyde mg/ b L

Inland Waters Class C

Marine Waters

Marine Waters

OEI NPI 0.5 0.2

OEI 1.0

NPI 0.5 0.1 0.2 0.2 0.5

OEI 1.0 0.5 1.0 -

NPI 0.5 0.2 0.5 -

0.1 0.05 0.2 0.2 0.3 0.5 0.1 0.2 0.3 0.5 0.5 1.0

0.005 0.005 0.005 0.005 0.05

0.003 0.003 0.003 0.003 2.0 1.0 2.0 1.0 -

0.01
-

This can be a basis of the issuance of discharge permits indicated in RA 9275 where in the quality and quantity of effluents allowed to be discharged is specified.

II. Major Provisions and Interrelations

DENR Administrative Order 35

Section 6 is entitled Effluent Standards for BOD for Strong Industrial Wastes. This section provides interim standards for old or existing industries that can be seen in the table below.

Maximum Allowable Limits in mg/L, according to Time Period and Receiving Body of Water TABLE 3A - Interim Effluent Standards date BOD Applicable to Old or for - Dec. Jan. 1, 1992-Dec. 31, Industry Classification Effectivity Existing Industries Producing 31, 1991 1994 Based on BOD of Raw Strong Industrial Wastes, (1990-1994) Wastewaters Produced Inland Waters Coastal Inland Waters Coastal NOTE: * Waters Waters 1.Use either the numerical limit or percentage removal whichever is & SD) (Class C & ( & SD) (Class C & ( lower (or whichever is more strict). D) D) 2.StartingIndustries 1, 1995, the applicable effluent requirements for old or 1. January producing 320 650 200 320 existing industries are indicated in or Table 3B. or BOD within 3,000 to or or 3.For parameters other than BOD, Table 2A and Table 2B both under 10,000 mg/L 95% 90% 97% 95% Section 5 shall apply. removal removal removal removal 2. Industries producing 1,000 2,000 600 1,000 BOD within 10,000 to or or or or 30,000 mg/L 95% 90% 97% 95% removal removal removal removal 3. Industries producing 1,500 3,000 900 1,500 more than or 30,000 mg/L or or or or 95% 90% 97% 95% removal removal removal removal

Industry Classification Maximum Allowable Limits in mg/L TABLE 3B - of Raw Based on BOD Effluent Standards on Receiving Body of Water Based for New* Industries Producing Wastewater Strong Wastes upon Effectivity of these Regulations, and for All Industries Producing Strong Inland Waters Coastal Waters Wastes starting January 1, 1995. & D) (Class C ( & SD) 1. Industries producing 130 or 98% removal 200 or 97% within 3,000 to 10,000 mg removal BOD/L 2. Industries producing 200 or 99% removal 600 or 97% Aside from this mg requirements within 10,000 to 30,000AO 35 has set some removal BOD/L mixing zones, prohibitions and other additional for

requirements300 or should be followed that 99% removal 900 or 97% 3. Industries producing more than 30,000 mg removal BOD/L

Implementing and Enforcement Agencies

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

Implementing and Enforcement Agencies

a. will review and set affluent standards, b. review and enforce water quality guidelines, c. classify groundwater sources and prepare a national groundwater vulnerability map, d. classify or reclassify water bodies, establish internationally accepted procedures for sampling and analysis, e. prepare an integrated water quality management framework f. and subsequently prepare 10year management plans for each water management area.

DENR

Implementing and Enforcement Agencies

The Philippine

Coast Guard
shall enforce water quality standards in marine waters, specifically from offshore sources.

Mangrove Protection and Rehabilitation Project by the Philippine Coast Guard Auxiliary (PCGA) Squadron

Implementing and Enforcement Agencies

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.

Implementing and Enforcement Agencies

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.

Reclaimed Recycled wastewater to be used for plant purposes and neighborhood irrigation

Implementing and Enforcement Agencies

The Department of Health shall set, revise and enforce drinking water quality standards.

Implementing and Enforcement Agencies

The Department of Science and Technology shall

evaluate, verify, develop and disseminate pollution prevention and cleaner production technologies.

Implementing and Enforcement Agencies

The following shall prepare and implement a comprehensive and continuing public education and information program:

The Department of Education

Commission on Higher Education

Department of Interior and Local Government Philippine Information Agency

III. Summary appraisal and synthesis

Why the need for the Clean Water Act?

1996: 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.

III. Summary appraisal and synthesis

Why the need for the Clean Water Act?

Studies show that domestic wastewater is the principal cause of organic pollution (48%) of our water bodies. Yet, only 3% of investments in water supply and sanitation were going to sanitation and sewage treatment.

III. Summary appraisal and synthesis

A recent World Bank report pointed out that Metro Manila was

second to the lowest in sewer

connections among major cities in Asia

III. Summary appraisal and synthesis

31% of all illnesses in

the country are attributed to polluted waters.

III. Summary appraisal and synthesis

Clearly, to ensure access to clean water for all Filipinos, it was imperative that government put together a comprehensive strategy to protect water quality.

III. Summary appraisal and synthesis

Highlights of the Clean Water Act

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

III. Summary appraisal and synthesis

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)

III. Summary appraisal and synthesis 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

III. Summary appraisal and synthesis 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.

III. Summary appraisal and synthesis 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.

V. References

http://www.lawphil.net/statutes/repacts/ra2004/ra_9275_2004. html

http://www.emb.gov.ph/news/20070327/Intro-DAGuidelinesEMBwebsite.pdf environment.peza.gov.ph/getfile.php?fileid=78

http://www.emb.gov.ph/laws/general%20environment/dao200326.pdf http://www.google.com.ph/search?hl=tl&q=DENR+Administrativ e+Order+34+and+35%2C+Series+of+1990&btnG=Maghanap&meta

DELA CRUZ, MARK ANTHONY

LABINGHISA, RUBY DELA ROSA, DANICA

THANK YOU!