Republic Act No.
9275: The Philippine
Clean Water Act of 2004
Reporter: Group 7
1. Gershwin D. Evangelista
2. Hiroshi G. Carlos
Presented by: Hiroshi G. Carlos
What is the Clean Water Act?
The Philippine Clean Water Act of 2004 (Republic Act No. 9275) aims to
protect the countrys water bodies from pollution from land-based sources
(industries and commercial establishments, agriculture and
community/household activities). It provides for a comprehensive and
integrated strategy to prevent and minimize pollution through a multisectoral and participatory approach involving all the stakeholders.
Highlights of the Clean Water Act
How will water quality be managed?
Management of water quality will either be based on watershed, river basin
or water resources region. Water quality management areas with similar
hydrological, hydrogeological, meteorological or geographic conditions which
affect the reaction and diffusion of pollutants in water bodies are to be
designated by the DENR in coordination with the National Water Resources
Board (NWRB).
Who will manage these areas?
Management will be localized. Multi-sectoral governing boards will be
established to manage water quality issues within their jurisdiction.
Who are the members of the Governing Boards?
Governing Boards shall be composed of representatives of mayors and
governors as well as local government units, representatives of relevant
national government agencies, duly registered non-government
organizations, the concerned water utility sector and the business sector.
What are the functions of the Governing Boards?
The Governing Boards will formulate strategies to coordinate policies
necessary for the effective implementation of this Act. They will create a
multi-sectoral group to establish and effect water quality surveillance and
monitoring.
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 domestic wastewater be addressed?
The Department of Public Works and Highways (DPWH), in coordination with
local government units will prepare a national program on sewage and
septage management not later than 12 months from effectivity of this Act. A
priority list will likewise be prepared which will be the basis for the allotment
of funds on an annual basis by the national government for the construction
and rehabilitation of required facilities.
On the other hand, LGUs are to provide the land including road right of the
way for the construction of sewage and/or septage treatment facilities and
raise funds for the operations and maintenance of said facilities.
The Department of Health (DOH) will formulate guidelines and standards for
the collection, treatment and disposal of sewage as well as the guidelines for
the establishment and operation of centralized sewage treatment system.
The MWSS and other agencies mandated to provide water supply and
sewerage facilities are required to connect existing sewage lines, subject to
the payment of sewerage service charges/fees within five years following
effectivity of this Act.
All sources of sewage and septage are required to comply with the law.
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.
Effluent trading per management area will also be allowed.
Rewards will also be given to those whose wastewater discharge is better
than the water quality criteria of the receiving body of water. Fiscal and nonfiscal incentives will also be given to LGUs, water districts, enterprise,
private entities and individuals who develop and undertake outstanding and
innovative projects in water quality management.
What safeguards are provided for?
All possible dischargers are required to put up an environmental guarantee
fund (EGF) as part of their environmental management plan. The EGF will
finance the conservation of watersheds and aquifers, and the needs of
emergency response, clean up or rehabilitation.
What are the prohibited acts under R.A. 9275?
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
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 pollutantslisted 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.
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.
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.
Towards this end, the DENR will review and set affluent standards, review
and enforce water quality guidelines, classify groundwater sources and
prepare a national groundwater vulnerability map, classify or reclassify water
bodies, establish internationally accepted procedures for sampling and
analysis, prepare an integrated water quality management framework and
subsequently prepare 10-year management plans for each water
management area.
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.
Why the need for the Clean Water Act?
As early as 1996, monitoring of the countrys 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 is the principal cause
of organic pollution (at 48%) of our water bodies. Yet, only 3% of
investments in water supply and sanitation were going to sanitation and
sewage treatment.
A recent World Bank report pointed out that Metro Manila was second to the
lowest in sewer connections among major cities in Asia and less than 7%
compared to 20% for Katmandu, Nepal and 30% for Dhaka, Bangladesh.
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
protect water quality.
