“THE CLEAN WATER ACT PROTECTS MORE THAN WATER”
WHAT YOU SHOULD KNOW ABOUT
THE CLEAN WATER ACT?
WHY THE NEED FOR THE CLEAN WATER
ACT?
As early as 1996, monitoring of the
country’s 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 pollutes the 48% of our water
bodies
Only 3% of investments in water supply and sanitation
were going to sanitation and sewage treatment.
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
WHAT IS THE CLEAN WATER ACT?
The Philippine Clean Water act, is an act providing for
a Comprehensive Water Quality Management and for
other purposes.
• 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 water.
R.A. 9275
PHILIPPINE CLEAN WATER ACT
• Signed by President Gloria Macapagal-Arroyo on March 22,
2004
• Took effect on May 6, 2004
• Implementing Rules and Regulations (IRR) contained in the
Department of Environment and Natural Resources (DENR)
Administrative order (A.O.) No. 2005-10.
R.A. 9275
INSTITUTIONAL MECHANISM
Department of Environment and Natural Resources (DENR)
The PRIMARY AGENCY responsible for the implementation
FORMULATE and APPLY STANDARDS for the transport and
disposal of EFFLUENT, SEWAGE and SEPTAGE OFFSITE.
R.A. 9275
ARTICLE 1- SECTION 3
1. WATER QUALITY MANAGEMENT
2. WATER QUALITY STANDARDS AND
REGULATIONS
3. CIVIL LIABILITY AND PENAL PROVISIONS
R.A. 9275
ARTICLE 1- SECTION 3
• Designation of Water Quality Management area
• Establish and effect water quality surveillance and monitoring
network
• Keep their water quality within the Water Quality Guidelines
or Criteria conforming to the water body’s classification or
even improve the quality to higher classification.
R.A. 9275
SEC.13
WATER POLLUTION PERMITS AND CHARGES
How will discharges of wastewater be controlled?
All owners or operators of facilities that discharge wastewater
are required to get a permit 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 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.
WHAT ARE THE PROHIBITED ACTS UNDER R.A. 9275
• Discharging or depositing any water pollutants 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 ground water.
• Operating facilities that discharge regulated water pollutants
without the valid 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 pollutants listed
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.
EFFLUENT WITHIN STANDARDS
• VOLUMETRIC RATE OF DISCHARGE
Heavy metals 30-150 cu./m/day
Php 8,000.00- Php 16,000.00
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.
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.
GOVERNMENT RESPONSE
• Section 5 of RA 9275 and the water quality
management areas.
GOVERNMENT RESPONSE
GOVERNMENT RESPONSE
Presidential Decree No. 984 a Revision of R.A. No. 3931- Pollution
Control Law
Other amended and modified Laws:
• R.A. 6969- An act to control Toxic substances and Hazardous Nuclear
Wastes
• R.A. 4850- An act creating the Laguna Lake Development Authority
• P.D. 1586- Establishing Environmental Impact System
• P.D. 1152- Philippine Environmental Code
• P.D. 979- Governing Marine Pollution
• P.D. 856- Code on Sanitation
Issues and Challenges on the Water Environment
Legislation
• Inadequate logistical support to strictly enforce the clean
water act and related laws (financial and technical).
• Inadequate capacity of the law implementers especially at
the local level.
• Low awareness of the stakeholders on the existing law, rules
and regulations on wastewater management.
• Weak cooperation among different government agencies
and LGU’s, hence derail law enforcement.
• Big investments on the part of industrial establishments to put
up water treatment facilities.
