Overview Recently, there were reported cases of outbreaks of e coli brought about by contaminated water in coastal towns in Pampanga

and Bulacan. This compelled the authors of this paper to re-examine the existing laws covering this particular resource of the State water. Specifically, we want to examine the Clean Water Act of 2004 or Republic Act No. 9275. The law is enacted to protect the countrys water bodies from land-based sources of pollution such as industries, mining, agricultural operations and other community activities. This is also a very important law because last July 2010, the United Nations General Assembly passed a resolution declaring access to clean water and sanitation a basic human right. Thus, it is very significant that we examine this law.

Highlights of the Law Among the ways of classifying and categorizing bodies of water are: (1) existing quality of the body of water; (2) size, depth, surface area covered, volume, direction, rate of flow and gradient of stream; (3) most beneficial existing and future use of said bodies of water and lands bordering them, such as for residential, agricultural, aquacultural, commercial, industrial, navigational, recreational, wildlife conservation and aesthetic purposes; and (4) vulnerability of surface and groundwater to contamination from pollutive and hazardous wastes, agricultural chemicals and underground storage tanks of petroleum products.

 The Department of Environment and Natural Resources, in coordination with National Water Resources Board shall designate certain areas as water quality management areas and the said management area shall be governed by a governing board composed of mayors and governors of local government units, representatives of relevant national government agencies, duly registered nongovernmental organization, water utility sector and the business sector. Furthermore, each management area shall create a multi-sectoral group to establish and shape 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. If certain bodies of water or portions thereof are found to have pollutants, either from natural or man-made source, exceeding water quality guidelines, then it shall be designated as non-attainment areas. The DENR shall then prepare and implement a program that will not allow new sources of exceeded water pollutant in nonattainment areas without a corresponding reduction in discharges from existing sources. However, if the pollutant is naturally occurring in the area, discharge of such pollutant may be allowed but it should not exceed the naturally occurring level and that it shall not adversely affect water supply, public health and ecological protection. The local government units will be responsible for the preparation and implementation of contingency plans and other measures for the protection of health and welfare of the residents in affected areas.

 The Department of Public Works and Highways (DPWH), in coordination with DENR, LGUs, and other concerned agencies are required to prepare a national program on sewerage and septage management within twelve months from the affectivity of this act. The Agency vested to provide water supply and sewerage facilities and/or concessionaires in Metro Manila and other highly urbanized cities (HUCs) as defined in Republic Act No. 7160, in coordination with the LGU shall be required to connect the existing sewerage line found in all establishments, subject to charges and fees. For areas not considered as HUCs, it will be the DPWH, in coordination with DENR, DOH and other concerned agencies shall employ septage or combined sewerage-septage management system. All of these should comply with the guidelines and standards for the collection and treatment of sewage provided for by the DOH and other concerned agencies. National Water Quality Management Fund shall be established as a special account in the National Treasury. The fines imposed and damages awarded to the government, donations, endowments and grants under this law shall form part of the fund. The area water quality management fund will be established as well for the maintenance and upkeep of the water bodies in a water quality management area. This fund shall be used for maintenance and will be managed by the governing board. Who is responsible for the discharge permits?

, DENR should require owners or operators of facilities that discharge regulated effluents mentioned in this law to secure a permit to discharge. The discharge permit will serve as a legal authorization to discharge waste water but it should specify the quantity and quality of said effluents Who takes the lead in implementing R.A. 9275? It is the DENR that shall be the primary government agency responsible for implementation and enforcement of this Act. But the Local Government Units shall share the responsibility in the management and improvement of water quality within their jurisdiction. This act also provides for an incentive and/or reward for those individuals or private organizations that will undertake innovative and outstanding projects, technologies, processes and techniques in water quality management. Fines and Penalties - Any person who commits any of the prohibited acts shall be fined by the Secreteary, upon the recommendation of the PAB in the amount of not less than P10,000.00 nor more than P200,000.00 for every day of violation. The fines herein prescribed shall be increased by ten percent every two years to compensate for inflation and to maintain the deterrent function of such fines: - Failure to undertake Failure to undertake clean-up operations, willfully, or through gross negligence, shall be punished by imprisonment of not less than two years and not more than four years and a fine not less than P50,000.00 and not more than P100,000.00 per day for each day of violation. Such failure or

refusal which results in serious injury or loss of life and/or irreversible water contamination of surface, ground, coastal and marine water shall be punished with imprisonment of not less than six years and one day and not more than twelve years, and a fine of P500,000.00 per day for each day during which the omission and/or contamination continues. - In case of gross violation of this Act, the PAB shall issue a resolution recommending that the proper government agencies file criminal charges against the violators. In which case, offenders shall be punished with a fine of not less than P500,000.00 but not more than P3,000,000.00 per day for each day of violation or imprisonment of not less than six years but not more than ten years, or both, at the discretion of the court. Strength of the Clean Water Act of 2004 Its biggest strength is that it finally addressed the problem of sewage pollution which plagues the country. The law: (a) requires designation of multi-sectoral Water Quality Management Areas (WQMA) to monitor and upgrade local water resources; (b) mandates preparation of a national sewage and septage program and requires interconnection of all existing sewage lines; (c) requires implementation of a wastewater charge system for all industries located in WQMAs that discharge wastewater and a financial liability mechanism under which new factories and infrastructure will put up an environmental guarantee fund, insurance, or bond; and (d) provides investment incentives for compliance in the form of fiscal

and non-fiscal incentives under the Investment Code for projects involving wastewater treatment and water pollution control. Weaknesses of Clean Water Act of 2004 There are too many government agencies involved in the implementation of this law and in the management of our water resources. There is an overlapping of responsibilities between government agencies resulting in a rather, complicated situation.