Clean Water Act (RA
9275) and Its
Implementing Rules and
Regulations
Nicanor E. Mendoza
Environmental Management Bureau
Philippine Clean Water Act
• Philippine Clean Water Act (RA 9275) was
enacted on March , 2004 and published on
April 21 ,2004 and subsequently took
effect on May 6, 2004
• Implementing Rules and Regulations of
the PCWA of 2004 was approved the
Secretary on May 16, 2005 and published
last May 26, 2005 under DAO 2005-10
series of 2005 (Manila Times and Manila
Standard Today)
CONCEPTUAL FRAMEWORK
Integ. Water Quality
Improv’t. Framework
Water Quality
Mgt. Action
Plan
(WQMAP)
WQMAP
WQMAP
households Industries Other NonPt. Sources
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NAA
Natl. Septage/Sewerage Mgt.
Classification/ Reclassification
Groundwater Vulnerability
Mapping
WQ Guidelines
Effluent Standards
Categorization of Industry
Wastewater Charge System
Discharge Permits
Financial Liability
Programmatic EIA
Incentives
Prohibitions/Sanctions/Actions
Declaration Of Policies
• SD Framework
• Holistic National Program
• Integrated WQ Framework thru proper
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delegation, effective coordination of functions
Self regulation among industries thru MBIs
Focus on pollution prevention
System of accountability of adverse
environmental impacts
Streamline procedures and processes
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 considerations of this policy.
Declaration of 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.
Coverage of the Act
All water bodies (natural and man-
made) bodies of fresh, brackish, and
saline waters, and includes but not
limited to aquifers, groundwater,
springs, creeks, streams, rivers,
ponds, lagoons, water reservoirs,
lakes, bays, estuarine, coastal and
marine waters
Primarily applies to abatement and
control of pollution from land-based
sources
Rule 3 Applicability of the CWA to marine
and pollution and disposal of effluents on
land
• Rule 3.1 Applicability of Standards. In addition to
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regulating pollution of water bodies,the DNR
shall formulates and apply standards for the
transport and disposal of effluent,sewage and
septage offsite, whether offshore or on land as
well as disposal of industrial wastewater on land.
The DA shall develop guidelines for re-use of
wastewater for irrigation purposes or as soil
conditioner or fertilizer,provided that the
discharge of effluents on land shall comply with
conditions (Rule 14.6)
Water Quality Management
(WQM) Area
Composed of LGUs w/ similar
geographic, meteorological, conditions,
etc.; OR
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
Rule 5 Designations and Management
of Water Quality Managements Areas
• Rule 5.1 Procedure for Designations of
WQMA
• The Regional Offices of the Department
shall initiate the process of designations
by evaluating information using criteria to
be developed by the Department.
5.1.2 Other Considerations for
Designations
• The Department shall also consider
practical manageable size, integrated
development or management plans, interLGU working relationships and existence
of similar management areas or bodies in
the designations of the WQMA
5.1.3 Requirements for the Proposal.
• The Proposal for WQMA designations shall
include a map of the area,technical
description/justification and management
rationale including major threats of water
quality
Water Quality Management
(WQM) Area
GB – Formulate strategies to coordinate
policies for implementing CWA.
GB – Monitor the action
Each WQMA will have its own multi-sectoral
group to establish and conduct WQ
surveillance & monitoring network. The group
shall report to GB.
Technical support by Secretariat, composed of
experienced 1 lawyer; 1 Geol/Biol; 1
C.E./Hydrologist; and 1 Chem /Chem. Engr.
/San.Engr.
Rule 5.3 Membership of the Governing
Board
• Rule 5.3.1 Appointment of representatives
National Agencies and Local government
units shall appoint their permanent and
alternate members to the Board,
Non Government Members
Civil Society,Water utility and private
business sectors
Rule 6 Non –Attainment Areas
• Rule 6.1 General
• 6.1.1Designations of Non-Attainment Areas. –
Within 6 months from the effectivity of this
IRR,the DENR ,in coordination with the local
governments concerned,shall designate and
delineate as non-attainment areas water bodies
or portions thereof where specific pollutansts
from either natural or man-made sources have
already exceeded water quality guidelines issued
pursuant to this Act
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 for construction
of sewage and septage treatment facilities.
Rule 7 National Sewerage and Septage
Management Program (NSSMP)
• The DPWH shall,within twelve months from the
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effectivity of the CWA, prepare a National
Sewerage and Septage Program(NSSMP)
NSSMP shall be a framework plan which will be
formulated to address various national issues
on:
Sanitation and Treatment and Disposal of
Wastewater (focusing on objectives,
strategies,targets, etc)
Rule 7.1.1 Role of DENR
• The DENR shall coordinate with DPWH san
LGU’s in complying with Sec.7 of the
CWA,contributing specific environmental
Criteria and data for the prioritization of
sanitation, sewerage, septage
management and combination of different
systems and projects.
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 sewerageseptage management systems to be employed
Said connection subject to service charges/fees
DOH to prepare appropriate guidelines
Rule 8 Domestic Sewage Management
• R8.1 Sewerage and Sanitation projects - shall be
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guided by DOH but for reuse for agricultural
purposes DA and DENR
R8.2 Pre-Treatment Standards for Existing
Sources and /or Pre-treatment Standards for
New Sources
R8.3 Mandatory Connections to Existing
Sewerage Lines. The DPWH shall coordinate
with the waters service providers and
concessionaires in Metro Manila and HUC’s in
preparing a compliance plan for mandatory
connection
NATIONAL
WATER QUALITY MGT. FUND
Fines
Proceeds
of Permits
Donations,
Endowments,
Grants
Purpose:
To finance containment, clean-up operations,
 restoration & rehabilitation of affected areas
Support research, enforcement, monitoring
Provide technical assistance, info, rewards & incentives
National Water Quality
Management Fund
Established as a Special Account in the National &
Administered by DENR
Sourced from PAB fines; Permit fees; donations,
endowments, grants . Donations exempt from donor’s
taxes and all other taxes & deductible from gross income
of donor
Used for:
- Containment and clean-up operations
- Guarantee rehab of affected areas
- Support research, enforcement and monitoring activities
- Technical assistance
- Rewards and incentives
- Support IEC & Others
Funding…
AREA
WATER QUALITY MGT. FUND
Fines before
CWA(rural areas)
Wastewater
Discharge fees
Donations,
Endowments,
Grants
Purpose:
To maintain, upkeep water bodies
To finance wastewater facilities (establish & repair)_
Operational expenses of GB (10%)
Provide technical assistance, info, rewards & incentives
Wastewater Charge System
Established on the basis of payment to
government for discharging wastewater into the
water bodies
Based on net waste load (diff. Of initial load of
abstracted water to waste load of discharged
effluent), following formula (to be determined
thru consultation)
Complying industries to be charged minimal
reasonable amount (to be determined after due
consultation, considering volumetric rate of
discharge and effluent concentration)
Attributes
• strong economic inducement
• cost of administering water quality
management or improvement programs
• damages caused by water pollution on the
surrounding environment
• Type of pollutant
• Water body classification
Waste Water Charge System
• Established on the basis of payment to the
government for discharging waste water
into the water bodies.
Wastewater Charge System
• The Wastewater Discharge Fee
Formula
WDF = Ln x R
Where:R is the rate per
kilogram (PhP/kg) which is
initially fixed at P5.00 per
kilogram for priority pollutant
parameter(e.g. BOD or TSS
)
Ln refers to the net waste load (kg/year),
computed further as follows:
Ln (BOD5/TSS)= [( Cf – Ca ) (Qf x Nf )] x 0.001
• Where: Cf is the average daily effluent
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concentration limit (mg/l) for priority pollutant
parameter (BOD or TSS); Qf is the average daily
volumetric flow rate measurement or final
discharge effluent (m3/day) and Nf is the total
number of discharge days in a year (days/ year).
Ca is the average water quality concentration
limit for priority pollutant parameter (BOD or
TSS) of abstracted or intake water (mg/l).
R 13.2 Fees for Discharge of Effluent
for Agricultural purposes
• Shall be assessed Permit Only,provided
that the wastewater shall not drain into
any water bodies.
• Once the standards have been
developed, WD Fee shall be applied
Wastewater Charge System
• Expansion of Coverage
• Wastewater Recycled with Zero Discharge
• Wastewater Charges in ECOZONE
• Sewerage Treatment Plant
• Fees Collected from LLDA Area
Discharge Permits
Legal authorization to
discharge wastewater , as
granted by DENR
Discharge Permits
• For : owners/operators of facilities that
discharge regulated water pollutants
• Required Permit Info, among others:
1. quantity and quality of effluent
2. compliance schedule
3. monitoring requirement
…Permits
• Industries w/o permit, 12
months after IRR
effectivity to secure
permit
• Effluent trading - allowed
per WQMA
Discharge Permits
• R14.1 Who May Apply for a Wastewater
Discharge Permit – Any person that shall
discharge in any manner wastewater into
Philippine waters and/or land shall secure
a wastewater discharge permit from the
Regional Office of the Bureau.
Discharge Permits
• Requirements for the Approval and
Issuance of a Wastewater Discharge
Permit for Discharge of Effluents for
Agricultural Purposes:
Discharge Permit
• Posting of Permit
• Transfer of Permits
• Plant Operational Problems
• Self-Monitoring Reports
• Procurement of Effluent Quota Allocation
• Pollution sources connected to sewerage
systems
• Effluent Trading
Programmatic EIA & Financial
Liability for Environmental
Rehabilitation
Programmatic compliance to the EIA
system for a series of similar or
cluster projects
May require EGF as part of
Environmental Management Plan
pursuant to PD 1586 – EIA in the
issuance of the Environmental
Compliance Certificate (ECC)
Clean Up Operations
Any person who pollutes in excess of
applicable and prevailing standards shall
be responsible to contain, remove, and
clean-up any pollution incident at his own
expense
The DENR in collaboration with other
agencies shall do the same in case of
emergency(ies). Expenses incurred shall
be reimbursed by guilty persons or
parties.
Rule 16 Clean-up Operations
• Whenever the DENR discovers any act or
omission that has caused pollution of a
water body,the Department shall issue an
order for the perpetrator of the act or
omission to contain,remove or clean-up
the pollution at his own expense.
Role of LGUs
Be responsible for WQ within their
jurisdictions; As such, LGUS shall prepare
a compliance scheme subject to review &
approval of the GB;
Through their ENROs, LGUs shall
- Monitor WQ
- Emergency response
- Compliance within framework of the
WQMA Action Plan
- Actively participate in all WQM activities
- Coordinate with All sectors to implement
WQM
R20 Role of LGU’s
• The Department shall provide assistance
to local government units in the
performance
Rewards & Incentives
Rewards - For individuals, private
organizations, civil society with
outstanding and innovative WQM
projects, activities, processes
Incentives – For LGUS, water districts,
enterprises, or private entities and
individuals that develop effective WQM or
actively participate in WQM
- Non-fiscal: Inclusion in Investment
Priority Plan (IPP);
A. Rewards
For: outstanding and innovative
projects, technologies, processes
and techniques in water quality
management
B. Incentive scheme GENERAL
1. Inclusion in the Investment Priority Plan
and Application of fiscal & non-fiscal
incentives
• WWT
• Cleaner production
• Waste minimization tech
C. Incentive scheme – FISCAL
1. Tax & duty exemption on imported
capital equipment.
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1.
2.
w/in 10 yrs. from effectivity of the Act
Equipment:
For ind’l wastewater treatment/collection
Not manufactured domestically (quantity,
quality, price)
3. Necessary & actual/direct/exclusive use
4. Endorsement of DENR
C. Incentive… - FISCAL
3. Tax & duty exemption for donations,
legacies and gifts.
D. Incentive Scheme – NON-FISCAL
• Financial Assistance Program
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Govt. financial institutions – shall accord
HIGH PRIORITY to extend financial services…
• 2. Extension of Grants to LGUs
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…engaging in establishment or operation of
sewerage facilities…for technical capabilities
Prohibited Acts
• Depositing material of any kind which
could cause water pollution
• Discharging, injecting or allowing to seep
into the earth any substance that would
pollute groundwater
• Operating facilities that discharge
regulated water pollutants without the
valid required permits
Prohibited Acts
• Operating Facilities that discharge
regulated water pollutants without the
valid required permits or after the permit
was revoked for any violation of any
condition therein
Prohibited Acts
• Refusal to allow entry,inspection and
monitoring by the Department in
accordance with this Act
• Refusal to allow access by the Department
to relevant reports and records in
accordance with this Act
Prohibited Acts
• Refusal or failure to submit reports
whenever required by the
Department
• Refusal or failure to designate
pollution control officers whenever
required by theb Department
Prohibited Acts
• Non-compliance of LGU with the
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WQM Action Plan
Direct use of booster pumps in the
distribution system or tampering
with the water supply
Fines, Damages
and Penalties
- Fines of 10,000 – 200,000 PhP for every day of
violation; upon PAB recommendation (rates to be
increased 10% every 2 years);
- Closure, suspension of development or
construction or cessation of operations, upon
PAB recommendation;
- 2 to 4 yr imprisonment for failure to clean up &
50,000 – 100,000 for every day of violation;
Fines, Damages
and Penalties
- 6 to 12 yrs imprisonment & 500,000 PhP
for every day of violation for such refusal
resulting in serious injury or death and/or
irreversible contamination;
• Gross Violation - Imprisonment - 6 to 10
years
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- Fine P 0.5-3M / day
• + Criminal Charge
• deliberate discharge of pollutants per RA
6969
• 5 or more violations of any of the
prohibited acts within 2 years
• blatant disregard of PAB order
Admin sanctions for noncompliance to WQMA Action
Plan
- For local government officials tha fail to
comply with the WQMA Action plan6 to
12 yrs imprisonment & 500,000 PhP for
every day of violation for such refusal
resulting in serious injury or death and/or
irreversible contamination;
- 6 to 10 yrs imprisonment, plus 500,000 –
3M PhP for each day of violation, plus
criminal charges
INSTITUTIONAL LINKAGES
LGUs
PCG
LLDA
DOH
DPWH
Congressional Oversight Committee
Civil Society
LLDA
WQMA Board
Tech.Sec
DENR
H20
WQMA Board WQMA Board
Tech.Sec
Tech.Sec
Other CWA Activities
& Outputs
National Water Quality Status
Report
Prepared by DENR, NWRB, etc.
w/in 24 mos.
Report shall identify:
Location & existing uses of water
bodies
 Water quality & pollution sources
 Groundwater vulnerability maps
 WQ Management Areas (WQMAs)
 Water classification
Integrated WQM
Framework
 Within 12 months after WQ
status report
Official Blueprint of Government
Agencies
 WQ goals and targets
 Period of compliance
 Water pollution control
technologies
 IEC campaign
 Human resources development
10 – yr WQM Area Action
Plan
Goals & targets
Schedule of LGU compliance
Water pollution control strategies or
techniques
Public IEC
Resource requirements & possible
sources
Enforcement procedures of the plan
Rewards & incentives
(w/in 12 months after WQM
framework
National Groundwater
Vulnerability Mapping
W/in 24 mos. After act effectivity
1:250,000 map series, showing
degrees of groundwater vulnerability to
contamination
For highly urbanized cities and
remaining parts, esp. environmentally
critical projects
Based on hyrdogeological and , soil and
rock properties, topography, etc.
Inter Agency Technical
Assistance Committee
To evaluate and endorse
appropriate water pollution
control technologies;
To develop an environmental
technology verification program;
To promote the development of
clean technologies (CT) / clean
production (CP) programs
Headed by DOST
Test Procedures for
Sampling & Analysis of
Pollutants
Within 12 months to
establish/adopt internationally
accepted procedures;
Strengthening the
accreditation of environmental
laboratories & new testing
procedures;
Categorization of point- and
non-point source3s of water
pollution
Within 18 months
Classification of
groundwater sources
Within 12 months
Classification / Reclassification of Philippine
Waters
Includes all water bodies -
surface (freshwater, coastal
and marine) and groundwater
Based on beneficial usages
Review/re-classification w/in 5
years after IRR effectivity and
every 10 years thereafter
Water Quality Guidelines
Review/revise and publish WQ guidelines
– reflecting knowledge on:
 effects of pollutants
 Concentration & dispersion of pollutants
 Beneficial uses of RWB
 Best available / practicable technology
for prevention, abatement of pollution
Within 12 months from effectivity of Act
Review/revise every 5 years
Effluent Standards
Review/revise and publish Standards
(every 5 yrs)
Adopts DAO 34 & 35 as interim
standards Grace period (moratorium on
Cease and Desist &/or Closure Orders) for
max. 5 years from Act effectivity – for
existing industries, which would require
significant retooling; EMS establishment;
installation of APDs; clean production
facilities & processes
No Grace period / moratorium in cases of
serious and grave threat to environment
Programmatic EIA for the ff:
Series of similar development
projects/sub-projects/phases situated in
a contiguous or geographically dispersed
area; such as industrial estate, export
processing zone, or development zone in
a land use plan
Guided by carrying capacity assessment
from ecological profiles
Allocation of effluent quotas w/in
jurisdiction of WQMAs & regional
industrial centers established under PEZA
Law (or RA 7916)
General Implications
• The Discharger /Establishment should
operationalize source reduction control
program such as pollution prevention ,
waste minimization , clean technology or
any other similar program whose objective
is to reduce , control or prevent discharge
of pollutants .
• High Cost for operation both to the
regulatory agency as well as to the
regulated community .
• The coverage of the ACT is expanded
to point and non-point sources,
industrial and commercial waste
waters
• High risks (Prohibited Acts and
Gross Violations)
• Fines, Penalties and Violations
are huge
• SME’s may apply the
Environmental Management
System
• Additional recognition of
laboratories
• Commercial establishments must
tap or connect their liquid waste
to the existing sewerage lines
within one year or install their
respective WTP
• Very Tedious Monitoring
Requirements ( Land Application)
• More Frequent and voluminous
reporting and submission of
requirements
• More Frequent Field and Lab
Monitoring
• Report Submission will be very
difficult for SME’s
• Strict Permit Conditions, monitoring
requirements
• More Pollution Complaints (surface waters,
groundwater , soil and crops
• SME’s and other new establishments may
transport their Effluent to recognized
treater because of the high charges ,
requirements or responsibilities
Thank You
for Your Attention