PCAPI CLEAN WATER ACT FORUM
CWA’s IMPACT
to INDUSTRY
EDITHA G. CABRERA
July 15, 2005
PCAPI Training Room
Timelines
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RA 9275 (CWA) – signed on March 22, 2004,
published April 21, took effect May 6, 2004
DAO 2005-10 (CWA IRR) – signed on May 16, 2005,
published May 26 and took effect June 10, 2005
Discharge Fee implemented June 10, 2005.
National Sewerage and Septage Management
Program by June 2005
Non-attainment area to be designated Nov 2005, and
an improvement plan six months after.
Industry specific standard by May 2006
National Water Quality Status Report by May 2006
Deadline for connecting domestic ww of industries to
existing WWTF on June 2006
CONCEPTUAL FRAMEWORK
Integrated Water Quality
Improvement. Framework
Water Quality
Mgt. Action
Plan
(WQMAP)
LGU
Compliance
Plan (CP)
WQMAP
LGU CP
WQMAP
LGU CP
 Joint Oversight Congressional
Committee
 Natl. Septage/ Sewerage Mgt.
 Classification/ Reclassification
 Groundwater Vulnerability
Mapping
 WQ Guidelines/ Criteria
 Effluent Standards
 Categorization of Industry
 Wastewater Charge System
 Discharge Permits
 Financial Liability
 Programmatic EIA
 Incentives
 Prohibitions/Sanctions/Actions
SALIENT POINTS
SOURCES
TREATMENT
MODE OF DISPOSAL
REGULATION
Point Sources
Industrial ww
inc. from water
treatment plant
WW Treatment Plt/
Sewage Treatment Plt
Water Bodies
one year
Industrial domestic
Land Disposal
PSES
or
PSNS
Domestic from
establishments
and household in
HUCs
Septic
Tank
Domestic from
Non HUC
Septic
Tank
Non-Point Sources
Agricultural
activities
Aquaculture
activities
Centralized
Sewage
Treatment Plant
“Irrigation” –subject
to DA guidelines
Offshore
Sewage
Treatment Plant
Water Bodies
• Discharge Fee (BOD/TSS)
• Industry Specific Standard
(DAO 35 in the interim)
• Discharge Permit
• Effluent trading except in
non-attainment area
• Discharge Fee [fix (?)
until standards are set]
• Standard based on DA
guidelines
• Discharge Permit ++
• Discharge Fee (BOD/TSS)
• Standard in marine waters
• PCG to enforce standard
LGU Septage Mgt System,
• LGUs may regulate sale,
application and disposal of
agricultural inputs
• Guidelines for the
prevention, control and
abatement
Others
- Only when centralized STP is available
Salient Points
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Water Quality Management Area
– LGUs w/ common interest or development
programs, projects, or problems
– Governed by Governing Board (composed of
LGUs, NGAs, civil society, water/utility & business
sector) w/ Technical Secretariat
– Laguna Lake under LLDA as one WQMA
– Composed of LGUs w/ similar geographic,
meteorological, conditions, etc.;
– GB – Formulate strategies to coordinate policies
for implementing CWA.
– Each WQMA will have its own multi-sectoral group
to establish and conduct WQ surveillance &
monitoring network. The group shall report to GB.
Salient Points
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Water Quality Management Area
– Impact to Operation
• Will separately create monitoring body (multisectoral group)
• May institute more strict effluent standard than
general standard
– Possible Participation
• Non govt members to be designated 6 mos
after designation of WQMA through sectoral
assemblies
Salient Points
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Non-attainment Area
– To be designated by November 2005
– DENR to develop action plan by May 2006
• May result to a more stringent effluent standard
– New sources (includes expansion of existing)
• Allowed only if total WQMA loading rate is reduced
• Shall install LAER to be approved by Bureau
• Discharge Fee subject to 20% surcharge (for the
additional BOD load only)
• Effluent averaging and trading not allowed
National Sewerage & Septage Management Program
A priority listing of sewerage, septage and
combined systems/project for LGUs based
on relevant considerations for the
protection of water quality
 LGUs may enter into BOT or joint venture
agreement w/ private sector for
constructing, rehabilitating and/or
operation of such facilities
 Each LGU shall appropriate land, including
right-of-way/ road access fro construction
of sewage and septage treatment facilities.
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Salient Points
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Sewerage and Septage Management
– National Sewerage and Septage Management
Program by May 2005
• A priority listing of sewerage, septage and combined
systems/project for LGUs based on relevant
considerations for the protection of water quality
• LGUs may enter into BOT or joint venture agreement w/
private sector for constructing, rehabilitating and/or
operation of such facilities
• Each LGU shall appropriate land, including right-of-way/
road access fro construction of sewage and septage
treatment facilities.
Salient Points
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Sewerage and Septage Management
– Industries with domestic wastewater has one year
phase-in period to restructure drainage system to
connect to existing wwtf. (If there is no existing
WWTF, measures should be done to comply to
effluent standard)
– Water service will be denied of those failing to
connect to available sewerage system, permits
withhold or ECC not issued
Salient Points
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Sewerage and Septage Management
– Domestic Sewage Collection, Treatment &
Disposal
• W/in 5 years
• Subdivisions, condominiums, malls, hotels, public
buildings, etc. in highly urbanized cities (HUCs) shall
connect their sewage lines to available systems or utilize
their own sewerage system
• For non-HUCs, septage or combined sewerage-septage
management systems to be employed
• Said connection subject to service charges/fees
• DOH to prepare appropriate guidelines
Salient Points
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Discharge Fee
– Fee = P5.00 /net Kg BOD or TSS
• Kg BOD/yr = (BODeffluent – BODraw) x volume/d x
days/yr
– Includes discharges from domestic sources and
water treatment plant
– Took effect June 10, 2005
– Additional parameters will be included as basis of
fee in the future
– STP Operators will pay and allowed to collect from
each generators
Salient Points
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Discharge Permit
– Industries without DP will be given one year to
secure
• Those without industrial ww (thus no Permit to Operate)
will have to secure DP for domestic ww (and meet
effluent standard)
• Requirements among others include ECC or CNC
– DP shall be valid for a maximum of 5 years; longer
if part of incentive of DENR program
– Industries with disapproved or revoked DP should
cease to discharge or be issued CDO
– Effluent quota allocation will be implemented
– Effluent trading may be allowed per management
area
PERMIT FEE
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Specifies
quantity and
quality of
effluent
(should not
exceed
standards)
Source of
NWQMF
Maximum of 3
yrs effectivity
Volumetric
Rate of
Discharge
Annual
Annual Fee
Fee (PhP) (PhP)
W/O
Metals
W/ Metals
< 10
2,000
2,600
>10 – 30
2,200
2,800
>30 - 100
2,500
3,100
>100 - 150
2,700
3,300
>150
3,300
3,900
Salient Points
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WWTF breakdown
– Considered breakdown if exceedance is
>10% standard
– Should be reported within 24 hrs, cease to
discharge or be slapped maximum penalty
of P200,000/day (discourages voluntary
reporting of breakdown)
Salient Points
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Discharge Permit for Irrigation (agricultural
purposes)
– Subject initially to fixed permit fee, then to variable
fee when standard is established
– Granted provided
• Agricultural land is owned or covered with agreement
• ww contains no toxic or hazardous material
• Will not seep to ground water or contaminate nearby
water body
• Certification from DA re\ quality, quantity and distribution
is suited for agricultural purposes
• Only during periods of low surface water flow
• Monitoring well for baseline and continuous monitoring
• Submission of emergency plan
Salient Points
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Others
– Penalty will range from P10,000 to P200,000 per day to be
increased by 10% every 2 years (Starting May 2006)
– Gross violation (5 violations in 2 years) will be penalized
P500,000 to P3,000,000 per day.
– There will be a system for accreditation of laboratories
– All water bodies shall be classified by June 2010
– Incentives and Rewards will be available
– PAB powers remain
– PD 984 is totally repealed
– Plant abandonment shall include clean-up operations to
prevent or remove pollution
Position Paper Issues
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Discharge fee should be based on BOD or TSS and
not BOD and TSS
P100,000 cap
Surcharge on Discharge Fee in non-attainment area
(reduced to 20% from 50%)
Surcharge on penalties in non-attainment area (No
additional penalty)
WWTF breakdown
– no doubling of penalty
– Clarification on breakdown (beyond 10% exceedance of
standard)
– No immediate cessation of discharge (but penalty will
commence immediately)
Position Paper Issues
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New sources to be allowed in nonattainment area, granted provided:
– There is reduction in overall pollution
loading of criteria pollutant not attained
– LAER approved by Bureau is installed
– Discharge fee is 20% higher
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All domestic wastewater of industry
should be treated like household waste