PHILIPPINE CLEAN WATER

ACT OF 2004
RA 9275
IN A NUTSHELL
• Protect the country’s water bodies primarily from
LAND-BASED sources of pollution (industrial and
commercial establishments, agricultural and
residential areas).
• Creates strategies and programs for mitigating
pollution using multi-stakeholder approach
IMPLEMENTING BODIES
ROLE OF NATIONAL GOVERNMENT
• DENR – primary government agency for the
implementation and enforcement of the Act.
• PCG – enforce water quality standards in marine
waters, specifically offshore sources
• DPWH – provide sewage and sanitation facilities
• DA – prepare guidelines for safe reuse of wastewater
for agricultural usage and control and abatement of
pollution from agri/aquacultural activities.
• DOH – set, revise, enforce drinking water quality
standards

• DOST – evaluate, verify, develop and disseminate

pollution prevention and cleaner production technology

• DepED, CHED, DILG, and PIA – prepare and

implement a comprehensive and continuing public
education and information program
ROLE OF LOCAL GOVERNMENT UNITS

• LGUs within Water Quality Management Areas

(WQMAs) shall prepare a WQMA Action Plan and
Compliance Scheme
• Actively participate in all Water Quality
Management Activity
• Coordinate with other sectors to implement the
WQMA Action Plan
ROLE OF BUSINESS OPERATION
• Business and Industrial Sectors, DENR and LGUs shall
formulate appropriate incentives for those that introduce new
processes/technologies that reduce waste water discharges
• All dischargers/operators are required to get a Discharge
Permit, and Environmental Guarantee Fund, and comply to
regulatory standards
WATER
QUALITY
MANAGEMENT
AREA
WATER QUALITY MANAGEMENT
• Management of areas with similar hydrological,
hydrogeological, meteorological or geographic
conditions which affect the physiochemical,
biological and bacteriological reactions and
diffusions of pollutants in the water body
• Management is localized with a creation of a
Multi-sectoral Governing Body
WQMA GOVERNING BOARD
• Local Government Units
• National Government
Agencies,
• Duly registered
Non-Government organizations
• and other stakeholders
• These Boards shall formulate
strategies, monitor and improve the
water quality of their WQMAs
 ORGANIZATIONAL STRUCTURE

Governing
Board

Technical Technical Multi-Sectoral

Working Group Secretariat Group
 ILOILO-BATIANO RIVER SYSTEM
WQMA GOVERNING BOARD
These Water Quality Management Areas are governed by a Governing
Board composed of:
• Mayors and Governors of member LGUs
• Province of Iloilo
• City of Iloilo
• Municipality of Oton
• Municipality of Pavia
• Municipality of San Miguel
• Municipality of Sta. Barbara
GOVERNING BOARD
• DA
National Government Other Stakeholders
• DILGAgencies
• NEDA Non-Government Organizations
• DPWH Water Utility Sector
Business Sector
Academe

• DOH
• DTI
• DOST
• HLURB
ROLE OF THE GOVERNING BOARD
The Board shall formulate strategies for
effective implementation of the Act.
The Board shall prepare an Action Plan for the
improvement of the WQMA
The Board shall also monitor compliance with
the Action Plan
CONTROLLING THE DISCHARGE OF WASTEWATER
WASTEWATER DISCHARGE
• All owners or operators of facilities or any establishment that
discharge wastewater are required to get a Discharge Permit
• The DPWH with the LGU will prepare a Sewerage and
Septage Management Plan
• LGU shall provide the land including road right for
construction of sewage and/or septage treatment facilities
• For Highly Urbanized Cities (HUCs) Local Water Districts are
the ones mandated to collect
• DOH will formulate guidelines and standards for collection,
treatment, and disposal of sewage as well as for the
establishment and operation of a centralized sewage
treatment system.
• Anyone discharging wastewater into a water body will have to
pay a wastewater charge
• Effluent trading is allowed.
PROHIBITED ACTS
FINES AND PENALTIES
 AMONG OTHERS, THE ACT PROHIBITS THE
FOLLOWING:
a) Discharging or depositing any water pollutants to the
water body, or such will impede the natural flow
b) Discharging, injecting, or allowing into the soil anything
that will pollute the groundwater
c) Operating facilities that discharge pollutants without any
valid required permits
e) Unauthorized transport or dumping into waters of sewage
sludge or solid waste
f) Transport, dumping, or discharge of prohibited chemicals,
substances, or pollutants
g) Discharging regulated water pollutants without valid
Discharge Permit
h) Non-compliance of the LGU with the Water Quality
Framework and WQMA Action Plan
i) Refusal of entry, inspection, and monitoring as well as
access to reports and records by the DENR
j) Refusal or failure to submit reports and/or designate
pollution control officers
k) Operating facilities that discharge or allow to seep,
prohibited chemicals, substances or pollutants listed under
RA 6969.
l) Undertaking activities or development and expansion
projects, or operating wastewater treatment/sewerage
facilities in violation of PD 1586 and its IRR
 Fines and Penalties
• Fines of 10,000 – 200,000 PhP for every day of violation; upon PAB
recommendation (rates to be increased 10% every 2 years);
• Closure, suspension of development or construction or cessation of
operations, upon PAB recommendation;
• 2 to 4 yr imprisonment for failure to clean up & 50,000 – 100,000 for
every day of violation;
• 6 to 12 yrs imprisonment & 500,000 PhP for every day of violation for
such refusal resulting in serious injury or death and/or irreversible
contamination;
Gross Violation - Imprisonment - 6 to 10 years
- Fine P 0.5-3M / day + Criminal Charge
• Deliberate discharge of pollutants per RA 6969
• 5 or more violations of any of the prohibited acts within 2 years
• Blatant disregard of PAB order
WATER POLLUTION PERMIT
WASTEWATER CHARGE SYSTEM
WASTEWATER CHARGE SYSTEM
• Established on the basis of payment to
government for discharging wastewater into water
bodies
• Industries complying will be charged minimal
reasonable amount
• Based on the net waste load
• To provide strong economic inducement for
polluters to modify their production or management
processes or to invest in pollution control technology;
• To cover the cost of administering water quality
management or improvement program;
• Reflect damages cause of water pollution on the
surrounding environment, including the cost of
rehabilitation;
 DISCHARGE PERMIT
• Applicable to owners and operators of facilities discharging regulated
effluents
• As part of the permitting procedure, the Department shall encourage the
adoption of waste minimization and water treatment technologies
• The Department shall also develop procedures to relate the current water
quality guideline or the projected water quality guideline of the receiving
water body/ies with total pollution loadings from various sources ,so that
effluent quotas can be properly allocated in the discharge permits.
• First time applicants must comply with the requirements
 EFFECTIVITY OF DISCHARGE
PERMIT
• The Discharge Permit shall be valid for a maximum period of
five (5) years from the date of its issuance, renewable for a
5-year period
• The DENR may renew the permit for a longer period if the
applicant has adopted waste minimization and waste
treatment technologies
• Provided that the establishment has been paying the permits
on time
SELF-MONITORING REPORTS
SELF-MONITORING REPORT (SMRS)
• EMB Regional Offices shall require the permittee to submit a
quarterly SMR of a prescribed form under oath signed by the
Managing Head and the Pollution Control Officer
• Report shall contain the following:
• Quantity and Quality of wastewater discharge daily or
periodically
• Characterization and Laboratory Analyses
• Other material information
SEWERAGE CONNECTION
• Pollution sources currently discharging to sewerage
systems with operational wastewater treatment facilities
shall be exempt from permit requirement
DENR ADMINISTRATIVE ORDERS
34 AND 35
APPLICATION OF DAO 34 & 35 IN THE CLEAN
WATER ACT
This is in line with the uniform implementation of the
Philippine Clean Water Act (CWA) of 2004, Particularly
Section 27 (c and i) and Rule 34, Section 33, Chapter 7 of the
Implementing Rules and Regulations of the CWA which
provides that “The standards set in DAOs 34 and 35, series of
1990 shall remain in effect under the CWA or until such time
that a new standard is established by the DENR”.

In view hereof, the following are the clarification on the

implementation of effluent regulations:
1. All establishments regardless of volume of discharge
shall obtain a valid Discharge Permit from DENR – EMB
Regional Offices.

2. The effluent standards for heavy metals and toxic

substances in Table 1 of DAO 35, series of 1990 are
applicable to all establishments, regardless of volume.

3. Establishments are required to comply with the effluent

standards set forth in Tables 2A and 2B of DAO 35,
series of 1990, except those discharging 30 or less than
30 m3/day.

However, Tables 2A and 2B will still apply regardless of

volume if any of the following conditions set forth in MC
27, series of 1994 are present:
1. If the quality of the RBW has
consistently exceed the WQ criteria
for Class “D” and Class SD, for inland
and marine waters, respectively, for
at least six months preceding the
date in question.

2. If the industrial establishment is within

the catchment basin a lake or water
body proclaimed by the DENR for
rehabilitation under the Rivers
Revival Program such as Pasig River,
Tullahan-Tenejeros River, ect.

3. If the discharge is considered strong

wastewater or that which has BOD in
the raw wastewater of at least 3,000
mg/L.