RA 9275

Philippine Clean Water Act of 2004

Implementing Rules and Regulations
(DAO 2005-10 )
 Water Quality Situation
• The rapid increase in population, urbanization,
and industrial development has led to the river
basin degradation and deterioration which is
due mainly to water pollution
• Out of the 421 Principal Rivers, 180 are relatively
polluted
• Only 10% of wastewater is treated
• Only 5% of the total population is connected to a
sewer network. The vast majority uses flush
toilets connected to septic tanks.
 Water Quality Situation
• According to data gathered by the EMB from 25
September 2017 to 31 January 2022,
– domestic sewage accounts for 47.09% of the total
classification of wastewater treatment facilities
nationwide,
– followed by commercial at 27.35%
– industrial at 22.01%,
– centralized treatment facilities having the smallest
percentage at 0.54%.
 Water Pollution
• any alteration of the physical, chemical
or biological or radiological properties of
a water body resulting in the impairment
of its purity or quality
 Pollutant
• Any substance, whether solid, liquid,
gaseous or radioactive, which directly or
indirectly:
✓ Alters the quality of any segment of the receiving
water body to affect or tend to affect adversely any
beneficial use thereof;
✓ Is hazardous or potentially hazardous to health;
✓ Imparts objectionable odor, temperature change, or
physical, chemical or biological change to any
segment of the water body;
✓ Or is in excess of the allowable limits or
concentrations or quality standards specified, or in
contravention of the condition, limitation or restriction
prescribed in this Act.
 Sources of Water Pollution
• Point source - means any identifiable source
of pollution with specific point of discharge
into a particular water body.

• 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.
 Policy

• pursue economic growth in a manner

consistent with the protection,
preservation and revival of the quality
of our fresh, brackish and marine
waters.
 Coverage of the Act
• Shall apply to water quality management in
all water bodies.
• Shall primarily apply to the abatement and
control of pollution from land-based sources.
• The water quality standards and regulations
and the civil liability and penal provisions
under this act shall be enforced irrespective
of sources of pollution.
 Objectives
• Protect the country’s water bodies from
pollution from land-based sources
(industries and commercial establishments,
agriculture and community/household
activities).
• Provide for a comprehensive and integrated
strategy to prevent and minimize pollution
through a multi-sectoral and participatory
approach involving all the stakeholders
Water Quality

• the characteristics of water

which define its use in terms
of physical, chemical,
biological, bacteriological or
radiological characteristics by
which the acceptability of
water is evaluated.

• Different uses of water require

different water quality.
Water Quality
Guidelines
• the level for a water
constituent or numerical
values of physical, chemical,
biological and
bacteriological or
radiological parameters
which are used to classify
water resources and their
use, which does not result in
significant health risk and
which are not intended for
direct enforcement but only
for water quality
management purposes.
 DAO 2016-08

Water Quality Guidelines and

General Effluent Standards

Amending DAO 1990-34 and 35

 Water Body Classification and Usage of Freshwater

Classification Beneficial Use

Class AA Public Water Supply Class I. This class is
intended primarily for waters having watersheds
which are uninhabited and otherwise protected
and which require only approved disinfection in
order to meet the National Standards for Drinking
Water (NSDW) of the Philippines.
Class A Public Water Supply Class II. For sources of
water supply that will require complete
treatment (coagulation, sedimentation,
filtration and disinfection) in order to meet the
NSDW.
Class B Recreational Water Class I. For primary contact
recreation (bathing, swimming, etc.)
Class C 1) Fishery Water for the propagation and
growth of fish and other aquatic resources;
2) Recreational Water Class II (boating, fishing,etc.)
3) For agriculture, irrigation, livestock watering
Class D Navigable waters

FRIO 2009
 Water body classification and usage of marine waters
Classification Beneficial Use
Class SA 1) Protected Waters – waters designated as national or
local parks and reserves established under Presidential
Proclamation No. 1801; existing laws and/or declared
as such by appropriate government agency.
2) Fishery Water Class 1 –suitable for shellfish
harvesting for direct human consumption
Class SB 1) Recreational Water Class I (Areas regularly used
by the public for bathing, swimming, skin diving, etc.);
2) Fishery Water Class II (Spawning areas for
Chanos chanos or "Bangus" and similar species).
3) Tourist zone – for ecotourism and recreational
activities
Class SC 1) Fishery Water Class III –For propagation and
growth of fish and other aquatic resources intended for
commercial and sustenance fishing
2) Recreational water Class II – for boating, fishing, or
similar activities
3) Marshy and/or mangrove areas declared as fish
and wildlife sanctuaries;
Class SD Navigable waters.

FRIO 2009
• For drinking water, see Phil Nat’l Standards for Drinking Water, DOH,
2017
 • Important Consideration:
– the WQG are set regardless of the assimilative
WQMA capacity of water bodies, and to ensure that
assimilative capacities are not exceeded
 • Important Consideration:
– the WQG are set regardless of the assimilative
WQMA capacity of water bodies, and to ensure that
assimilative capacities are not exceeded
 Effluent
• Discharges from known source
which are passed into a body of
water or land or wastewater
flowing out of a manufacturing
plant, industrial plant including
domestic, industrial or
recreational facilities.

• Discharge includes, but 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.
Wastewater Generation Process
Production / Service Process

Raw Wastewater (influent)

Wastewater Treatment Facility

Treated Wastewater
Receiving
(Effluent) water body
Effluent Monitoring

• A process of checking,
evaluating or investigating the
quality of the wastewater
discharges from the industries,
establishments or facilities.
• Primary goal – to ensure
compliance of industries and
commercial establishments with
the DENR Effluent Standards
 Objectives
• Determine compliance with the regulatory
standards
• Evaluate the efficiency of treatment and
control
• Identify potential environmental problems and
evaluating the need for remedial actions or
mitigating measures
• To detect, characterize and report unplanned
releases by the facility or establishment
• To determine the impact to the receiving
media
 Effluent standard
• any legal restriction or limitation on
quantities, rates, and/or concentrations
or any combination thereof, of physical,
chemical or biological parameters of
effluent which a person or point source
is allowed to discharge into a body of
water or land.
 General Effluent Standards
• Discharges from any point source shall at
all times meet the effluent standards set
forth in Tables 2-3 to maintain the required
water quality per water body classification
• The GES shall be used regardless of
industry category
Significant Effluent Quality
Parameters per Sector
Significant Effluent Quality
Parameters per Sector
Effluent Standards
Comparison of Effluent Stds (old and new)

4.0

4.0

DAO 2021-19 Updated WQG and GES

 • DENR shall implement
a wastewater charge
system in all
management areas
Wastewater
including Laguna Lake
Charge
System
Region and Regional
Industrial Centers
through the collection
of wastewater
charges/fees.
Considerations
• To provide strong economic
inducement for polluters to
modify their production or
management processes or
to invest in pollution control
technology in order to
reduce the amount of water
pollutants generated.
• To cover the cost of
administering water quality
management or
improvement programs
Considerations
• Reflect damages caused
by water pollution on the
surrounding environment,
including cost of
rehabilitation
• Type of pollutant
• Classification of the
receiving water body
• Other special attributes of
the water body
 Wastewater Discharge Fee
WDF = Ln x R
Where: R – rate per kilogram (initially fixed at P 5.00 for priority
pollutant parameter (e.g. BOD or TSS)
Ln – net waste load (kg/yr), computed as follows:

Ln(BOD5/TSS) = [(Cf – Ca) (Qf x Nf)] x 0.001

where: Cf – average daily effluent concentration (mg/L) for priority
pollutant parameter
Qf – average volumetric flowrate measurement of final
discharge effluent (m3/day)
Nf – total number of discharging days in a year (days/year)
Ca – average water quality concentration for priority
pollutant of abstracted or intake water (mg/L)
Priority
Parameters
• BOD concentration –
used for wastewater
that have high organic
or biodegradable
materials.
• TSS concentration –
used for high
inorganics or non-
biodegradable
materials.
 MC 2020-06

Discharge
Permits

• Owners and operators of facilities

that discharge regulated effluents
shall secure a permit to discharge.
• Wastewater Discharge Permit –
shall specify the quantity and quality
of effluents that the permittee is
allowed to discharge as well as the
validity of the permit.
• Who may apply for a Discharge
Permit – any person that shall
discharge in any manner wastewater
into Philippine water and /or land
Discharge Permits
Application

• First time application – applying for the first time shall submit
such documents, information and data, to be contained in verified
Engineer’s Report prepared by a registered chemical or sanitary
engineer or pollution control officer:
• Vicinity map identifying the street address, location or
plant premise;
• The nature of project or business;
• Production capacity; quantity or volume and the generic
name(s) of product(s);
• The nature and character of the applicant’s wastewater
and its physical and chemical composition;
• Total daily volume of discharge of raw wastewater;
• Treatment process and estimated treatment efficiency;
Discharge Permits
Requirements

• The total daily volume of water consumption and discharge of final treated
wastewater or effluent;
• The name of receiving body of water and its official water classification and
in case of land discharge, the nearest receiving body of water and its official
water classification;
• Information on flow measurement equipment and procedure;
• Pollution prevention/Environmental Management System plan or program;
• DENR ID Number as hazardous waste generator (if applicable);
• Statement of the cost incurred in the installation and maintenance of
wastewater treatment facility, if any;
• Quality and quantity o abstracted water; and
• Copy of the Environmental Compliance Certificate (ECC) from the
Department or Certificate of Non-Coverage (CNC), as applicable.
 Discharge Permits Renewal

Requirements
a) Copies of the quarterly self-monitoring reports for the immediately
preceding year;
b) A copy of the Certificate of Accreditation of the Pollution Control
Officer duly issued by the Department, or
appointment/designation as such by the Managing Head;
c) Official Receipts for the payment of the applicable Permit Fee and
the Wastewater Discharge Fee; and
d) Other documents that may be required related to land application.
 Permit Fee
Volumetric Rate of Effluent with Heavy
Conventional Effluent
Discharge Metals
PhP2,000.00
Zero discharge PhP2,000.00

PhP2,000.00
Below 10 cum.day PhP2,600.00

> 10 - 30 cum/day PhP2,200.00 PhP2,800.00

> 30 – 100 cum/day

PhP2,500.00 PhP3,100.00

> 100 – 150 cumday PhP2,700.00 PhP3,300.00

> 150 cum/day PhP3,300.00 PhP3,900.00
Wastewater Recycled with
Zero Discharge

• Industries that recycle their wastewater without

discharge into any water body or land shall pay only
the permit fee under Rule 14.
Wastewater Charges in
ECOZONE

• Wastewater discharge fee

shall be paid by the
operator of the WTP
located within ECOZONES.
• Industries within
ECOZONES that are not
connected to the WTP shall
be liable for the wastewater
charges individually.
Wastewater Reused for Irrigation
and other Agricultural Purposes

Department of Agriculture
Administrative Order No.
26, Series of 2007
(November 11, 2007)

Guidelines on the Procedures and

Technical Requirements for the
Issuance of a Certification
Allowing the Safe Re-Use of
Wastewater for Purposes of
Irrigation and Other
Agricultural Uses, Pursuant to
Section 22.C of R.A. 9275
Otherwise Known as the
Philippine Clean Water Act of
2004
 Prohibited Acts
• Pollution of water body

•Groundwater pollution

•Facility discharge
without permit
 Prohibited Acts
• Disposal of infectious waste
from vessel

•Unauthorized
transport

•Chemical dumping
 Prohibited Acts
• Illegal facility
• Sewerage development/expansion against
EIA
• Illegal discharge
 Prohibited Acts

• Refusal to allow entry, inspection and

monitoring by EMB
• Refusal to allow access by EMB to relevant
reports and records
• Refusal or failure to submit reports
whenever required by EMB
 Prohibited Acts

• Refusal to designate pollution control

officers whenever required by EMB
• Directly using booster pumps in the
distribution system or tampering with the
water supply in such a way as to alter or
impair the water quality
Fines, Damages and
Penalties

• Prohibited Acts
• Fined amount of not less than P10,000 nor more than
P200,000 for every day of violation
• Increased by 10 % every two (2) years
• PAB may order closure, suspension of development or
construction, or cessation of operations or, where
appropriate disconnection of water supply
Fines, Damages and
Penalties

• Failure to undertake clean-up operations

• Imprisonment of not less than two (2) years and not more than
four (4) years
• Fine not less than P50,000 and not more than P100,000 per
day of each day of violation
• If such failure or refusal results in serious injury or loss of
life and/or irreversible water contamination
• Imprisonment of not less than six (6) years and one (1) day
and not more than twelve (12) years
• Fine of P500,000 per day of each day during which the
omission and/or contamination continues
Fines, Damages and
Penalties

• Gross Violations:
• Deliberate discharge of toxic pollutants in RA 6969
• Five (5) or more violations within a period of two (2)
years
• Blatant disregard of the order of the PAB
• Fined amount of not less than P500,000 nor more
than P3,000,000 per day for each day of violation
• Or imprisonment of not less than six (6) years but not
more than ten (10) years
• Or both, at the discretion of the court
Fines, Damages and
Penalties

• If offender is a juridical person, the president, manager

and the PCO or the Official in Charge of the operation
shall suffer the penalty
 Updates
• RA 9275: The Clean Water Act and its IRR
 DENR Administrative Order No. 2005-10: IRR of RA 9275
 DENR Administrative Order No, 1990-35: Revised Effluent Regulations of 1990
 DENR Administrative Order No. 2016-08: Water Quality Guidelines and General
Effluent Standards of 2016
 EMB MC No. 2016-012: EMB Approved Methods of Analysis for Water and
Wastewater
 DENR Memorandum Circular No. 2009-15: Procedural Manual for the Designation
of Water Quality Management Areas
 Updates
• RA 9275: The Clean Water Act and its IRR
 DENR Administrative Order No. 2021-19: Updated Water Quality Guidelines
(WQG) and General Effluent Standards (GES) for Selected Parameters
 EMB MC No. 2021-01: Clarification on the Implementation of Section 10 of DAO
2016-08 (grace period ended 18June 2021)
 EMB MC 2020-004: Clarification on the Reporting Requirements for Specific
Parameters Under DAO 2016-08 or the Revised Water Quality Guidelines and
General Effluent Standards of 2016
• EMB MC 2020-006: Clarification in the Implementation of Rules 13.8 and 14.18 of
DAO 2005-10
• DENR Administrative Order 2022-02 provides guidelines on public participation for
project covered under the Philippine Environmental Impact Statement System. It
was issued in response to the urgency of river restoration projects under DAO
2019-13, 2019-14, 2020-01, 2020-07, as amended by 2020-15 and 2020-12.
Sewerage Treatment Systems
 Septic tanks

BOD in BOD out

= 155 = 140
mg/L mg/L

DILG MC 2019 -62

 Septic tanks

BOD in BOD out

= 155 = 140
mg/L mg/L

3800-5700 L 2.5 m2 74-232 m2

Final Message

• Everybody is a Polluter.

• Everybody should be responsible for

the pollution generated.

• Everybody should be willing to pay

the price.