Clean Water Act (RA 9275) and Its Implementing Rules and Regulations

1. Clean Water Act (RA 9275) and Its Implementing Rules and Regulations Nicanor E. Mendoza Environmental Management Bureau

2. 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)

3. CONCEPTUAL FRAMEWORK • 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 Integ. Water Quality Improv’t. Framework Water Quality Mgt. Action Plan (WQMAP) WQMAP WQMAP households Industries Other Non-Pt. Sources

4. Declaration Of Policies • SD Framework • Holistic National Program • Integrated WQ Framework thru proper 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

5. 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.

6. 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.

7. 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

8. 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 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)

9. 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

10. 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.

11. 5.1.2 Other Considerations for Designations • The Department shall also consider practical manageable size, integrated development or management plans, inter-LGU working relationships and existence of similar management areas or bodies in the designations of the WQMA

12. 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

13. 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.

14. 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

15. 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

16. 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.

17. Rule 7 National Sewerage and Septage Management Program (NSSMP) • The DPWH shall,within twelve months from the 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)

18. 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.

19. 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

20. Rule 8 Domestic Sewage Management • R8.1 Sewerage and Sanitation projects - shall be 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

21. NATIONAL WATER QUALITY MGT. FUND Fines Donations, Endowments, Grants Proceeds of Permits Purpose: • To finance containment, clean-up operations, • restoration & rehabilitation of affected areas • Support research, enforcement, monitoring • Provide technical assistance, info, rewards & incentives

22. 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

23. Funding… AREA WATER QUALITY MGT. FUND Fines before CWA(rural areas) Donations, Endowments, Grants Wastewater Discharge fees Purpose: • To maintain, upkeep water bodies • To finance wastewater facilities (establish & repair)_ • Operational expenses of GB (10%) • Provide technical assistance, info, rewards & incentives

24. 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)

25. 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

26. Waste Water Charge System • Established on the basis of payment to the government for discharging waste water into the water bodies.

27. Wastewater Charge System • The Wastewater Discharge Fee Formula WDF = Ln x R

28. 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 )

29. 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 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).

30. 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

31. Wastewater Charge System • Expansion of Coverage • Wastewater Recycled with Zero Discharge • Wastewater Charges in ECOZONE • Sewerage Treatment Plant • Fees Collected from LLDA Area

32. Discharge Permits • Legal authorization to discharge wastewater , as granted by DENR

33. Discharge Permits • For : owners/operators of facilities that discharge regulated water pollutants • Required Permit Info, among others: • quantity and quality of effluent • compliance schedule • monitoring requirement

34. …Permits • Industries w/o permit, 12 months after IRR effectivity to secure permit • Effluent trading - allowed per WQMA

35. 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.

36. Discharge Permits • Requirements for the Approval and Issuance of a Wastewater Discharge Permit for Discharge of Effluents for Agricultural Purposes:

37. 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

38. 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)

39. 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.

40. 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.

41. 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

42. R20 Role of LGU’s • The Department shall provide assistance to local government units in the performance

43. 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);

44. A. Rewards For: outstanding and innovative projects, technologies, processes and techniques in water quality management

45. B.Incentive scheme GENERAL • Inclusion in the Investment Priority Plan and Application of fiscal & non-fiscal incentives • WWT • Cleaner production • Waste minimization tech

46. C.Incentive scheme – FISCAL 1. Tax & duty exemption on imported capital equipment. • w/in 10 yrs. from effectivity of the Act • Equipment: • For ind’l wastewater treatment/collection • Not manufactured domestically (quantity, quality, price) • Necessary & actual/direct/exclusive use • Endorsement of DENR

47. C.Incentive… - FISCAL 3. Tax & duty exemption for donations, legacies and gifts.

48. D.Incentive Scheme – NON-FISCAL • Financial Assistance Program • Govt. financial institutions – shall accord HIGH PRIORITY to extend financial services… • 2. Extension of Grants to LGUs • …engaging in establishment or operation of sewerage facilities…for technical capabilities

49. 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

50. 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