Republic of the Philippines. Department of Environment and Natural Resources Visayas Avenue, Diliman, Quezon City 1110 Tel, Nos : (632) 929-66-26 to 29 + (632) 929-65-52 9829-66-20 + 929-86-33 to 35 929-70-41 t0.43, Ww MAY 16 2005 DENR Administrative Order No. 2005-_ JO SUBJECT: — Implementing Rules and Regulations of the Philippine Clean Water Act of 2004 (Republic Act No. 9275) Pursuant to Section 32 of the Philippine Clean Water Act of 2004, and Executive Order No. 192 (1987), the Department of Environment and Natural Resources hereby adopts and promulgates the following rules and regulations, in coordination with the Committee on Environment end Natural Resources of the Senate and the Committee on Ecology of the House of Representatives, and other concerned agencies: Rule 1. Title. These rules shall be known as the Implementing Rules and Regulations (IRR) of the Philippine Clean Water Act of 2004. ILI Reference. The text of Republic Act No. 9275 (CWA) is reproduced herein for reference purposes. 1.2 Effectivity of the CWA, The CWA was published on April 21, 2004 and subsequently took effect on May 6, 2004. CHAPTER 1 GENERAL PROVISIONS Article 1 Declaration of Principles and Policies SECTION 1. Short Titie. - This Act shall be known as the “Philippine Clean Water Act of 2004.” SEC. 2, Declaration of Policy. - The State sball 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 waters. To achieve this end, the framework for sustainable development shall be pursued. As such, it shall be the policy of the State: a) To streamline processes and procedures in the prevention, control and abatement of polation of the country’s water resources; b) To promote environmental strategies, use of appropriate economic instruments and of control mechanisms for the protection of water resources;¢) To formulate a holistic national program of water quality management that recognizes that water quality management issues cannot be separated from concerns about water sourees and ecological protect quality of lifes 4) To formulate an integrated water quality management framework through proper delegation and effective coordination of functions and activities; €) To promote commercial and industrial processes and products friendly and energy efficient; f) To encourage cooperation and self-regulation among citizens and industries through the application of incentives and market-based instruments and to promote the role of private industrial enterprises in shaping its regulatory profile within the acceptable boundaries of pubtic health and environment; g) To provide for a comprehensive management program for water pollution focusing on pollution prevention; h) To promote public information and education and to encourage the participation of an informed and active public in water quality management and monitoring; i) To formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity; and J) To encourage civit society and other sectors, particularly labor, the academe and business undertaking environment-related activities in their efforts to organize, educate and motivate the people in addressing pertinent environmental issues and problems at the local and national levels. 1, water supply, public health and at are environment Rule 2. Interpretation of the Declaration of Policy. The policy statements in Section 2 of the CWA shall be interpreted collectively, and all regulations issued pursuant to the CWA and decisions over disputes in specific cases shall be implemented or ‘made with due consideration of this policy. Issues and cases shall be resolved in a fair and objective manner. ‘The CWA and these rules shall be construed liberally in favor of protecting the quality of water resources and public health SEC. 3. Coverage of the Act. - This Act shall apply to water quality managemen water bodies: Provided, That it shall primarily apply to the abatement and control of pollution from land based sources: Provided, further, That the water quality standards and regulations and the civil liability and penal provisions under this Act shall be enforced irrespective of sources of pollution. Rule 3. Applic bility of the CWA to marine pollution and disposal of effluents on land. 3.1 Applicability of standards. \n addition to regulating pollution of water bodies, the Department shall formulate and apply standards for the transport and disposal of effluent, sewage and septage offsite, whether offshore or on Jand as well as disposal of industrial wastewater on land. ‘The DA shall develop guidelines for re-use of wastewater for itrigation purposes or as soil conditioner or fertilizer, provided that the discharge of effluents on land shall comply with conditions provided under Rule 14.6 herein. 3.2 Penalties. The penalties under Sec. 28 of the CWA shall apply to offenses committed under the Marine Pollution Decree (P.D. No. 979, as amended) and administrative penalties for aquatic pollution, without prejudice to criminal sanctions under the Fisheries Code. Implementing Ruies arc} Regulations of he Philippine Clean Water Act of 2004 (RA No. 9275) Page 2 of 03.3 Enforcement. ‘The Department shall coordinate with the Philippine Coast Guard with respect to the enforcement of standards and regulations. in offshore arcas including the discharge of wastewater by ships. Article 2 Definition of Terms SEC. 4. Definition of Terms, - As used in this A¢ a) Aquifer - means a layer of water-bearing rock located underground that transmits water in sufficient quantity to supply pumping wells or natural springs. life - means all organisms living in freshwater, brackish and marine » ©) Beneficial use - means the use of the environment or any element or segment thereof conducive to public or private welfare, safety and health; and shall include, but not be limited to, the use of water for domestic, municipal, irrigation, power generation, fisheries, livestock raising, industrial, recreational and other purposes. 1. Use of water for domestic purposes - means the utilization of water for drinking, washing, bathing, cooking or other household needs, home gardens and watering of lawns or domestic animals; 2. Use of water for municipal purposes - means the utilization of water for supplying water requirements of the community; 3. Use of water for irrigation - means the utilization of water for producing agricultural crops; 4. Use of water for power generation - means the utilization of water for producing electrical or mechanical power; 5. Use of water for fisheries - means the utilization of water for the propagation of culture of fish as a commercial enterp: 6. Use of water for livestock raising - means the utilization of water for large herds or flocks of animals raised as a commercial enterprise; 7. Use of water for industrial purposes - means the utilization of water in factories, industrial plants and mines, including the use of water as an ingredient of a finished product; and 8. Use of water for recreational purposes - means the utilization of water for swimming pools, bath houses, boating, water skiing, golf courses and other similar facilities in resorts and other places of recreation. 4) Classification/Reclassification of Philippine Waters — means the categorization of all water bodies taking into account, among others, the following: (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. ¢) Civil Society - means non-government organizations (NGOs) and people's organizations (POs). 1) Cleaner production - means the application of an integrated, preventive environmental strategy to processes, products, services to increase efficiency and reduce risks to humans and the environment; {IM mplementing Rales and Reguletsans ofthe Philipne Clean Water Act of 2004 (RA No. 9275) Page 3 of 30