Republic of the Philippines Congress of the Philippines Metro Manila Twelfth Congress Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand three. Republic Act No. 9275 arch 22! 2""# ANA(* *NT AN' )$R

AN ACT PR$%&'&N( )$R A C$ PR*+*NS&%* ,AT*R -.A/&T0 $T+*R P.RP$S*S

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled : C+APT*R 1 (*N*RA/ PR$%&S&$NS ART&C/* 1 '*C/ARAT&$N $) PR&NC&P/*S AN' P$/&C&*S S*CT&$N 1. Short Title. - This Act shall be known as the "Phili ine !lean "ater Act of #$$%."

S*CT&$N 2. Declaration of Policy. - The &tate shall ursue a olicy of econo'ic growth in a 'anner consistent with the rotection, reser(ation and re(i(al of the )uality of our fresh, brackish and 'arine waters. To achie(e this end, the fra'ework for sustainable de(elo 'ent shall be ursued. As such, it shall be the olicy of the &tate: a* To strea'line rocesses and rocedures in the re(ention, control and abate'ent of ollution of the country+s water resources, b* To ro'ote en(iron'ental strategies, use of a ro riate econo'ic instru'ents and of control 'echanis's for the rotection of water resources, c* To for'ulate a holistic national rogra' of water )uality 'anage'ent that recogni-es that water )uality 'anage'ent issues cannot be se arated fro' concerns about water sources and ecological rotection, water su ly, ublic health and )uality of life, d* To for'ulate an integrated water )uality 'anage'ent fra'ework through ro er delegation and effecti(e coordination of functions and acti(ities, e* ro'ote co''ercial and industrial rocesses and roducts that are en(iron'ent friendly and energy efficient, f* To encourage coo eration and self-regulation a'ong citi-ens and industries through the a lication of incenti(es and 'arket-based instru'ents and to ro'ote the role of ri(ate industrial enter rises in sha ing its regulatory rofile within the acce table boundaries of ublic health and en(iron'ent, g* To ro(ide for a co' rehensi(e 'anage'ent rogra' for water ollution focusing on ollution re(ention,

h* To ro'ote ublic infor'ation and education and to encourage the artici ation of an infor'ed and acti(e ublic in water )uality 'anage'ent and 'onitoring, i* To for'ulate and enforce a syste' of accountability for short and long-ter' ad(erse en(iron'ental i' act of a ro.ect, rogra' or acti(ity, and .* To encourage ci(il society and other sectors, articularly labor, the acade'e and business undertaking en(iron'ent-related acti(ities in their efforts to organi-e, educate and 'oti(ate the eo le in addressing ertinent en(iron'ental issues and roble's at the local and national le(els. S*CT&$N 2. Coverage of the Act. - This Act shall a ly to water )uality 'anage'ent in all water bodies: Pro(ided, That it shall ri'arily a ly to the abate'ent and control of ollution fro' land based sources: Pro(ided, further, That the water )uality standards and regulations and the ci(il liability and enal ro(isions under this Act shall be enforced irres ecti(e of sources of ollution. ART&C/* 2 '*)&N&T&$N $) T*R S S*CT&$N #. Definition of Terms. - As used in this Act: a* A)uifer - 'eans a layer of water-bearing rock located underground that trans'its water in sufficient )uantity to su ly u' ing wells or natural s rings. b* A)uatic life - 'eans all organis's li(ing in freshwater, brackish and 'arine en(iron'ent. c* Beneficial use - 'eans the use of the en(iron'ent or any ele'ent or seg'ent thereof conduci(e to ublic or ri(ate welfare, safety and health, and shall include, but not be li'ited to, the use of water for do'estic, 'unici al, irrigation, ower generation, fisheries, li(estock raising, industrial, recreational and other ur oses. /. 0se of water for do'estic ur oses - 'eans the utili-ation of water for drinking, washing, bathing, cooking or other household needs, ho'e gardens and watering of lawns or do'estic ani'als, #. 0se of water for 'unici al ur oses - 'eans the utili-ation of water for su water re)uire'ents of the co''unity, lying

1. 0se of water for irrigation - 'eans the utili-ation of water for roducing agricultural cro s, %. 0se of water for ower generation - 'eans the utili-ation of water for roducing electrical or 'echanical ower, 2. 0se of water for fisheries - 'eans the utili-ation of water for the ro agation of culture of fish as a co''ercial enter rise, 3. 0se of water for li(estock raising - 'eans the utili-ation of water for large herds or flocks of ani'als raised as a co''ercial enter rise, 4. 0se of water for industrial ur oses - 'eans the utili-ation of water in factories, industrial lants and 'ines, including the use of water as an ingredient of a finished roduct, and

5. 0se of water for recreational ur oses - 'eans the utili-ation of water for swi''ing ools, bath houses, boating, water skiing, golf courses and other si'ilar facilities in resorts and other laces of recreation. d* !lassification67eclassification of Phili ine "aters - 'eans the categori-ation of all water bodies taking into account, a'ong others, the following: 8/* e9isting )uality of the body of water, 8#* si-e, de th, surface area co(ered, (olu'e, direction, rate of flow and gradient of strea', 81* 'ost beneficial e9isting and future use of said bodies of water and lands bordering the', such as for residential, agricultural, a)uacultural, co''ercial, industrial, na(igational, recreational, wildlife conser(ation and aesthetic ur oses, and 8%* (ulnerability of surface and groundwater to conta'ination fro' olluti(e and ha-ardous wastes, agricultural che'icals and underground storage tanks of etroleu' roducts. e* !i(il &ociety - 'eans non-go(ern'ent organi-ations 8:;<s* and eo le+s organi-ations 8P<s*. f* !leaner Production - 'eans the a lication of an integrated, re(enti(e en(iron'ental strategy to rocesses, roducts, ser(ices to increase efficiency and reduce risk to hu'ans and the en(iron'ent, g* !lean-u o erations - 'eans acti(ities in(ol(ing the re'o(al of ollutants discharged or s illed into a water body and its surrounding areas, and the restoration of the affected areas to their for'er hysical, che'ical and biological state or conditions. h* !onta'ination - 'eans the roduction of substances not found in the natural co' osition of water that 'ake the water less desirable or unfit desirable or unfit for intended use. i* =e art'ent - 'eans the =e art'ent of >n(iron'ent and :atural 7esources. .* =ischarge includes, but is not li'ited to, the act of s illing, leaking, u' ing, ouring, e'itting, e' tying, releasing or du' ing of any 'aterial into a water body or onto land fro' which it 'ight flow or drain into said water. k* =rinking water- 'eans water intended for hu'an consu' tion or for use in food re aration. l* =u' ing - 'eans any unauthori-ed or illegal dis osal into any body of water or land of wastes or to9ic or ha-ardous 'aterial: Pro(ided, That it does not 'ean a release of effluent co'ing fro' co''ercial, industrial, and do'estic sources which are within the effluent standards. '* >ffluent - 'eans discharge fro' known sources which is assed into a body of water or land, or wastewater flowing out of a 'anufacturing lant, industrial lant including do'estic, co''ercial and recreational facilities. n* >ffluent standard - 'eans any legal restriction or li'itation on )uantities, rates, and6or concentrations or any co'bination thereof, of hysical, che'ical or biological ara'eters of effluent which a erson or oint source is allowed to discharge into a body of water or land. o* >n(iron'ental 'anage'ent - 'eans the entire syste' which includes, but is not li'ited to, conser(ation, regulation and 'ini'i-ation of ollution, clean roduction, waste 'anage'ent, en(iron'ental law and olicy, en(iron'ental education and infor'ation, study and 'itigation of the en(iron'ental i' acts of hu'an acti(ity, and en(iron'ental research.

* >n(iron'ental 'anage'ent syste' - 'eans the art of the o(erall 'anage'ent syste' that includes organi-ational structure, lanning acti(ities, res onsibilities, ractices, rocedures, rocesses and resources for de(elo ing, i' le'enting, achie(ing, re(iewing and 'aintaining the en(iron'ent olicy. )* ?reshwater - 'eans water containing less than 2$$ ' dissol(ed co''on salt, sodiu' chloride, such as that in groundwater, ri(ers, onds and lakes. r* ;roundwater - 'eans a subsurface water that occurs beneath a water table in soils and rocks, or in geological for'ations. s* ;roundwater (ulnerability - 'eans relati(e ease with which a conta'inant located at or near the land surface can 'igrate to the a)uifer or dee well. t* ;roundwater (ulnerability 'a - 'eans the identified areas of the land surface where groundwater )uality is 'ost at risk fro' hu'an acti(ities and shall reflect the different degrees of groundwater (ulnerability based on a range of soil ro erties and hydro geological criteria to ser(e as guide in the rotection of the groundwater fro' conta'ination. u* @a-ardous waste - 'eans any waste or co'bination of wastes of solid li)uid, contained gaseous, or se'i-solid for' which cause, of contribute to, an increase in 'ortality or an increase in serious irre(ersible, or inca acitating re(ersible illness, taking into account to9icity of such waste, its ersistence and degradability in nature, its otential for accu'ulation or concentration in tissue, and other factors that 'ay otherwise cause or contribute to ad(erse acute or chronic effects on the health of ersons or organis'. (* Andustrial waste - 'eans any solid, se'i-solid or li)uid waste 'aterial with no co''ercial (alue released by a 'anufacturing or rocessing lant other than e9cluded 'aterial. w* Antegrated "ater Buality Manage'ent ?ra'ework - 'eans the olicy guideline integrating all the e9isting fra'eworks re ared by all go(ern'ent agencies contain the following, water )uality goals and targets, 8b* eriod of co' liance, 8c* water ollution control strategies and techni)ues, 8d* water )uality infor'ation and education rogra', 8e* hu'an resources de(elo 'ent rogra'. 9* Margin - 'eans a landward and outer li'iting edge ad.acent to the border of any water bodies or a li'it beyond where beyond where saturation -one ceases to e9ist. y* :ational "ater Buality &tatus 7e ort - 'eans a re ort to be re ared by the =e art'ent indicating: a* the location of water bodies, their )uality, taking into account seasonal, tidal and others (ariations, e9isting and otential uses and sources of ollution er s ecific ollutant and ollution load assess'ent, b* water )uality 'anage'ent areas ursuant to &ection 2 of this Act, c* and water classification. -* :on- oint source - 'eans any source of ollution not identifiable as oint source to include, but not be li'ited to, runoff fro' irrigation or rainwater, which icks u ollutants fro' far's and urban areas. aa* Point source - 'eans any identifiable source of ollution with s ecific oint of discharge into a articular water body. bb* Pollutant- shall refer to any substance, whether solid, li)uid, gaseous or radioacti(e, which directly or indirectly:

8i* alters the )uality of any seg'ent of the recei(ing water body to affect or tend to affect ad(ersely any beneficial use thereof, 8ii* is ha-ardous or otential ha-ardous to health, 8iii* i' arts ob.ectionable odor, te' erature change, or hysical, che'ical or biological change to any seg'ent of the water body, or 8i(* is in e9cess of the allowable li'its, concentrations, or )uality standards s ecified, or in contra(ention of the condition, li'itation or restriction rescribed in this Act. cc* Pollution control technology- 'eans ollution control de(ices or a aratus, rocesses, or other 'eans that effecti(ely re(ent control or reduce ollution of water caused by effluents and other discharges, fro' any oint source at le(els within the water ollution standards. dd* Potentially infectious 'edical waste- include isolation wastes, infectious agents, hu'an blood and blood roducts, athological wastes, shar s, body arts, conta'inated bedding, surgical wastes, and other dis osable 'edical e)ui 'ent and 'aterial that 'ay ose a risk to the ublic health, welfare or the 'arine en(iron'ent. ee* &ecretary - 'eans the &ecretary of the =e art'ent of >n(iron'ental and :atural 7esources 8=>:7*. ff* &e tage - 'eans the sludge roduced on indi(idual onsite wastewater dis osal syste's, rinci ally se tic tanks and cess ools. gg* &ewage - 'eans water-borne hu'an or ani'al wastes, e9cluding oil or oil wastes, re'o(ed fro' residences, building, institutions, industrial and co''ercial establish'ents together with such groundwater, surface water and stor' water as 'aybe resent including such waste fro' (essels, offshore structures, other rece tacles intended to recei(e or retain waste or other laces or the co'bination thereof. hh* &ewerage - includes, but is not li'ited to, any syste' or network of i elines, ditches, channels, or conduits including u' ing stations, lift stations and force 'ains, ser(ice connections including other constructions, de(ices, and a liances a urtenant thereto, which includes the collection, trans ort, u' ing and treat'ent of sewage to a oint of dis osal. ii* &ludge - 'eans any solid, se'i-solid or li)uid waste or residue generated fro' a wastewater treat'ent lant, water su ly treat'ent lant, or water control ollution facility, or any other such waste ha(ing si'ilar characteristics and effects. ..* &urface water - 'eans all water, which is o en to the at'os here and sub.ect to surface runoff. kk* Treat'ent - 'eans any 'ethod, techni)ue, or rocess designed to alter the hysical, che'ical or biological and radiological character or co' osition of any waste or wastewater to reduce or re(ent ollution. ll* To9ic a'ount - 'eans the lowest a'ount of concentration of to9ic ollutants, which 'ay cause chronic or long-ter' acute or lethal conditions or effects to the a)uatic life, or health of ersons or which 'ay ad(ersely affect designated water uses.

''* "aste - 'eans any 'aterial either solid, li)uid, se'isolid, contained gas or other for's resulting industrial, co''ercial, 'ining or agricultural o erations, or fro' co''unity and household acti(ities that is de(oid of usage and discarded. nn* "astewater - 'eans waste in li)uid state containing ollutants. oo* "ater body - 'eans both natural and 'an-'ade bodies of fresh, brackish, and saline waters, and includes, but is not li'ited to, a)uifers, groundwater, s rings, creeks, strea's, ri(ers, onds, lagoons, water reser(oirs, lakes, bays, estuarine, coastal and 'arine waters. "ater bodies do not refer to those constructed, de(elo ed and used ur osely as water treat'ent facilities and 6 or water storage for recycling and re-use which are integral to rocess industry or 'anufacturing. * "ater Pollution - 'eans any alteration of the hysical, che'ical, biological, or radiological ro erties of a water body resulting in the i' air'ent of its urity or )uality. ))* "ater Buality - 'eans the characteristics of water, which define its use in characteristics by ter's of hysical, che'ical, biological, bacteriological or radiological characteristics by which the acce tability of water is e(aluated. rr* "ater )uality guidelines - 'eans the le(el for a water constituent or nu'erical (alues of hysical, che'ical, biological and bacteriological or radiological ara'eters which are used to classify water resources and their use, which does not result in significant health risk and which are not intended for direct enforce'ent but only for water )uality 'anage'ent ur oses, such as deter'ining ti'e trends, e(aluating stages of deterioration or enhance'ent of the water )uality, and as basis for taking ositi(e action in re(enting, controlling or abating water ollution. ss* "ater Buality Manage'ent Area Action Plan - includes, but not be li'ited to, the following: 8a* goals and targets including sewerage or se tage rogra', 8b* schedule of co' liance to 'eet the a licable re)uire'ents of this Act, 8c* water ollution control strategies or techni)ues, 8d* water )uality infor'ation and education rogra', e* resource re)uire'ent and ossible sources, f* enforce'ent rocedures of the lan and 8g* rewards and incenti(es under !ha ter % of this Act. C+APT*R 2 ,AT*R -.A/&T0 ANA(* *NT S0ST* ART&C/* 1 (*N*RA/ PR$%&S&$NS S*CT&$N 5. Water Quality Management Area. - The =e art'ent, in coordination with :ational "ater 7esources Board 8:"7B*, shall designate certain areas as water )uality 'anage'ent areas using a ro riate hysiogra hic units such as watershed, ri(er basins or water resources regions. &aid 'anage'ent areas shall ha(e si'ilar hydrological, hydrogeological, 'eteorological or geogra hic conditions which affect the hysicoche'ical, biological and bacteriological reactions and diffusions of ollutants in the water bodies, or otherwise share co''on interest or face si'ilar de(elo 'ent rogra's, ros ects or roble's. &aid 'anage'ent area shall be go(erned by a go(erning board co' osed of re resentati(es of 'ayors and go(ernors of 'e'ber local go(ern'ent units 8C;0s*, and re resentati(es of rele(ant national go(ern'ent agencies, duly registered non-go(ern'ental organi-ation, water utility sector, and business sector. The =e art'ent re resentati(e shall chair the go(erning board. An the case of the C;0s with 'e'bershi s on 'ore than one 8/* 'anage'ent board, the C;0 shall designate only one 8/* single re resentati(e for all the 'anage'ent areas wherein is a 'e'ber.

The go(erning board shall for'ulate strategies to coordinate olicies necessary for the effecti(e i' le'entation of this Act in accordance with those established in the fra'ework and 'onitor the co' liance with the action lan. >ach 'anage'ent area shall create a 'ulti-sectoral grou to establish and affect water )uality sur(eillance and 'onitoring network including sa' ling schedules and other si'ilar acti(ities. The grou shall sub'it its re ort and reco''endation to the chair'an of the go(erning board. A technical secretariat for each 'anage'ent area is hereby created which shall be art of the de art'ent and shall ro(ide technical su ort to the go(erning board. They shall be co' osed of at least four 8%* 'e'bers who shall ha(e the following 'ini'u' )ualifications: a* <ne 8/* 'e'ber shall be a 'e'ber of the Phili ines Bar,

b* <ne 8/* 'e'ber shall be a !he'ical >ngineer, !he'ist, &anitary >ngineer, >n(iron'ental >ngineer or >cologist or significant training and e9 erience in che'istry, c* <ne 8/* 'e'ber shall be a !i(il >ngineer or @ydrologist or &ignificant training and e9 erience in closely related fields and e9 erience on ground water, res ecti(ely, and d* <ne 8/* 'e'ber shall be a ;eologist, Biologist, or significant training and e9 erience in closely related fields. The areas within the .urisdiction of the Caguna Cake =e(elo 'ent Authority 8CC=A* shall be designated as one 'anage'ent area under the ad'inistration of CC=A in accordance with 7.A. :o. %52$, as a'ended: Pro(ided, @owe(er, That the standards ro'ulgated ursuant to this Act and wastewater charge syste' established ursuant hereof shall be enforced in said area. S*CT&$N 3. Management of Non-attainment Areas. - The =e art'ent shall designate water bodies, or ortions thereof, where s ecific ollutants fro' either natural or 'an-'ade source ha(e already e9ceeded water )uality guidelines as non-attain'ent areas for the e9ceeded ollutants. At shall re are and i' le'ent a rogra' that will not allow new sources of e9ceeded water ollutant in non-attain'ent areas without a corres onding reduction in discharges fro' e9isting sources, Pro(ided, That if the ollutant is naturally occurring, e.g. naturally high boron and other ele'ents in geother'al areas, discharge of such ollutant 'ay be allowed: Pro(ided, further, That the effluent concentration of discharge shall not e9ceed the naturally occurring le(el of such ollutant in the area: Pro(ided, ?inally, That the effluent concentration and (olu'e of discharge shall not ad(ersely affect water su ly, ublic health and ecological rotection. The =e art'ent shall, in coordination with :"7B, =e art'ent of @ealth 8=<@*, =e art'ent of Agriculture 8=A*, go(erning board and other concerned go(ern'ent agencies and ri(ate sectors shall take such 'easures as 'ay be necessary to u grade the )uality of such water in nonattain'ent areas to 'eet the standards under which it has been classified. 0 grading of water )uality shall likewise include undertakings, which shall i' ro(e the water )uality of a water body to a classification that will 'eet its ro.ected or otential use. The C;0s shall re are and i' le'ent contingency lans and other 'easures including relocation, whene(er necessary, for the rotection of health and welfare of the residents within otentially affected areas. S*CT&$N 7. National Sewerage and Se tage Management Program. - The =e art'ent of Public "orks and @ighways 8=P"@*, through its rele(ant attached agencies, in coordination with the =e art'ent, local go(ern'ent units 8C;0s* and other concerned agencies, shall, as soon as ossible, but in no case e9ceeding a eriod of twel(e 8/#* 'onths fro' the affecti(ity of this Act,

re are a national rogra' on sewerage and se tage 'anage'ent in connection with &ection 5 hereof. &uch rogra' shall include a riority listing of sewerage, se tage and co'bined sewerage-se tage ro.ects for C;0s based on o ulation density and growth, degradation of water resources, to ogra hy, geology, (egetation, rogra'6 ro.ects for the rehabilitation of e9isting facilities and such other factors that the &ecretary 'ay dee' rele(ant to the rotection of water )uality. <n the basis of such national listing, the national go(ern'ent 'ay allot, on an annual basis, funds for the construction and rehabilitation of re)uired facilities. >ach C;0 shall a ro riate the necessary land, including the re)uired rights-of-way6road access to the land for the construction of the sewage and6or se tage treat'ent facilities. >ach C;0 'ay raise funds to subsidi-e necessary e9 enses for the o eration and 'aintenance of sewerage treat'ent or se tage facility ser(icing their area of .urisdiction through local ro erty ta9es and enforce'ent of a ser(ice fee syste'. S*CT&$N 4. Domestic Sewage Collection! Treatment and Dis osal . - "ithin fi(e 82* years following the effecti(ity of this Act, the Agency (ested to ro(ide water su ly and sewerage facilities and6or concessionaires in Metro Manila and other highly urbani-ed cities 8@0!s* as defined in 7e ublic Act :o. 4/3$, in coordination with C;0s, shall be re)uired to connect the e9isting sewage line found in all subdi(isions, condo'iniu's, co''ercial centers, hotels, s orts and recreational facilities, hos itals, 'arket laces, ublic buildings, industrial co' le9 and other si'ilar establish'ents including households to a(ailable sewerage syste'. Pro(ided, That the said connection shall be sub.ect to sewerage ser(ices charge6fees in accordance with e9isting laws, rules or regulations unless the sources had already utili-ed their own sewerage syste': Pro(ided, further, That all sources of sewage and se tage shall co' ly with the re)uire'ents herein. An areas not considered as @0!s, the =P"@ in coordination with the =e art'ent, =<@ and other concerned agencies, shall e' loy se tage or co'bined sewerage-se tage 'anage'ent syste'. ?or the ur ose of this section, the =<@, coordination with other go(ern'ent agencies, shall for'ulate guidelines and standards for the collection, treat'ent and dis osal of sewage including guidelines for the establish'ent and o eration of centrali-ed sewage treat'ent syste'. S*CT&$N 9. National Water Quality Management "und. - A water )uality 'anage'ent fund, to be ad'inistered by the =e art'ent, in coordination with other concerned agencies, as a s ecial account in the :ational Treasury is hereby established. The fund shall be used to finance the following: a* ?inance contain'ent and clean-u o erations of the go(ern'ent in water ollution cases, b* ;uarantee restoration of ecosyste's and rehabilitation of affected areas, c* &u ort research, enforce'ent and 'onitoring acti(ities,

d* Pro(ide technical assistance to the i' le'enting agencies, e* ;rant rewards and incenti(es, f* &u ort infor'ation and educational ca' aign, and

g* &uch other disburse'ents 'ade solely for the re(ention, control or abate'ent of water ollution and 'anage'ent and ad'inistration of the 'anage'ent areas in the a'ounts authori-ed by the =e art'ent.

The fines i' osed and da'ages awarded to the go(ern'ent by the Pollution Ad.udication Board 8PAB*, roceeds of er'its issued by the =e art'ent under this Act, donations, endow'ents and grants in the for' of contributions to the national go(ern'ent under this Act shall for' art of the fund. &uch donations, endow'ents and grants shall be e9e' t fro' donor+s ta9es and all other ta9es, charges or fees i' osed by the go(ern'ent and shall be deductible fro' the gross inco'e of the donor for inco'e ta9 ur oses. =isburse'ents fro' the fund shall be sub.ect to the usual accounting and budgeting rules and regulations. S*CT&$N 1". The Area Water Quality Management "und. - The area water )uality 'anage'ent fund is hereby established for the 'aintenance and u kee of the water bodies in a water )uality 'anage'ent area. The fund shall be utili-ed for the grant of rewards and incenti(es for entities whose effluent discharges are better than the water )uality criteria of the target classification of the recei(ing body of water, loans for ac)uisitions and re airs of facilities to reduce )uantity and i' ro(e )uality of wastewater discharges, and regular 'aintenance of the water bodies within the 'anage'ent area. An a'ount of not 'ore than ten ercent 8/$D* of the total a'ount accruing to the funds annually shall be allocated for the o erational e9 enses of the go(erning board, its secretariat and 'ultisectoral water )uality sur(eillance and 'onitoring network. This fund shall initially be sourced fro' the fines incurred by the establish'ents located in rural areas before the effecti(ity of this Act. Thereafter, the fees collected under the wastewater charge syste' established under &ection /1 of this Act, donations, endow'ents and grants for water )uality 'anage'ent of the area shall accrue to the fund. =isburse'ents fro' the fund shall be sub.ect to the usual accounting and budgeting rules and regulations. This fund shall be 'anaged by the Board of the corres onding 'anage'ent area. S*CT&$N 11. Water Quality #ariance for $eothermal and %il and $as &' loration . - The =e art'ent 'ay ro(ide (ariance in water )uality criteria and standards for geother'al e9 loration that encounters re-in.ection constraints: Pro(ided, That there shall be ro(ision for ade)uate rotection of beneficial use of water bodies, downstrea' of the geother'al ro.ect: Pro(ided, further, That this ro(ision 'ay be a lied to oil and gas e9 loration as deter'ined by the =e art'ent. S*CT&$N 12. Categories of (ndustry Sector. - "ithin twenty-four 8#%* 'onths fro' the effecti(ity of this Act, and e(ery two 8#* years thereafter, the =e art'ent shall, through due ublic consultation, re(ise and ublish a list of categories of industry sector for which effluent standards will be ro(ided for each significant wastewater ara'eter er industry sector. The =e art'ent shall ro(ide additional classification based on other ara'eters s ecifically associated to discharge of a articular industry which shall be included in the listing of categories rescribed in the receding aragra h. ART&C/* 2 ,AT*R P$//.T&$N P*R &TS AN' C+AR(*S S*CT&$N 12. Wastewater Charge System. - The =e art'ent shall i' le'ent a wastewater charge syste' in all 'anage'ent areas including the Caguna Cake 7egion and 7egional Andustrial !enters through the collection of wastewater charges6fees. The syste' shall be established on the basis of ay'ent to the go(ern'ent for discharging wastewater into the water bodies. "astewater charges shall be established taking into consideration the following:

a* To ro(ide strong econo'ic induce'ent for olluters to 'odify their roduction or 'anage'ent rocesses or to in(est in ollution control technology in order to reduce the a'ount of water ollutants generated, b* To co(er the cost of ad'inistering water )uality 'anage'ent or i' ro(e'ent rogra's, c* 7eflect da'ages caused by water ollution on the surrounding en(iron'ent, including the cost of rehabilitation, d* Ty e of ollutant, e* !lassification of the recei(ing water body, and f* <ther s ecial attributes of the water body. The fee shall be based on the net waste load de ending on the wastewater, charge for'ula which shall be established with due ublic consultation within si9 83* 'onths fro' the effecti(ity of this Act: Pro(ided, That net waste load shall refer to the difference of the initial waste load of the abstracted water and the waste load of the final effluent discharge of an industry: Pro(ided, further, That no net waste load shall be lower than the initial waste load: Pro(ided, finally, That wastewater charge syste' shall not a ly to wastewater fro' geother'al e9 loration. Andustries whose water effluent are within standards ro'ulgated ursuant to this Act, shall only be charged with 'ini'al reasonable a'ount which shall be deter'ined by the =e art'ent after due ublic consultation, gi(ing account to (olu'etric rate of discharge and effluent concentration. S*CT&$N 1#. Discharge Pemits. - The =e art'ent shall re)uire owners or o erators of facilities that discharge regulated effluents ursuant to this Act to secure a er'it to discharge. The discharge er'it shall be the legal authori-ation granted by the =e art'ent to discharge wastewater: Pro(ided, That the discharge er'it shall s ecify a'ong others, the )uantity and )uality of effluent that said facilities are allowed to discharge into a articular water body, co' liance schedule and 'onitoring re)uire'ent. As art of the er'itting rocedure, the =e art'ent shall encourage the ado tion of waste 'ini'i-ation and waste treat'ent technologies when such technologies are dee'ed cost effecti(e. The =e art'ent shall also de(elo rocedures to relate the current water )uality guideline or the ro.ected water )uality guideline of the recei(ing water body6ies with total ollution loadings fro' (arious sources, so that effluent )uotas can be ro erly allocated in the discharge er'its. ?or industries without any discharge er'it, they 'ay be gi(en a eriod of twel(e E/#* 'onths after the effecti(ity of the i' le'enting rules and regulations ro'ulgated ursuant to this Act, to secure a discharge er'it. >ffluent trading 'ay be allowed er 'anage'ent area. ART&C/* 2 )&NANC&A/ /&A5&/&T0 *C+AN&S S*CT&$N 15. "inancial )ia*ility for &nvironmental +eha*ilitation. - The =e art'ent shall re)uire rogra' and ro.ect ro onents to ut u en(iron'ental guarantee fund E>;?* as art of the en(iron'ental 'anage'ent lan attached to the en(iron'ental co' liance certificate ursuant to Presidential =ecree :o./253 and its i' le'enting rules and regulations. The >;? shall finance the 'aintenance of the health of the ecosyste's and s ecially the conser(ation of watersheds and a)uifers affected by the de(elo 'ent, and the needs of e'ergency res onse, clean-u or rehabilitation of areas that 'ay be da'aged during the rogra'+s or ro.ect+s actual i' le'entation. Ciability for da'ages shall continue e(en after the ter'ination of a rogra' or ro.ect and, until the

la se of a gi(en eriod indicated in the en(iron'ental co' liance certificate, as deter'ined by the =e art'ent. The >;? 'ay be in the for' of a trust fund, en(iron'ental insurance, surety bonds, letters of credit, self-insurance and any other instru'ents which 'ay be identified by the =e art'ent. The choice of the guarantee instru'ent or co'binations thereof shall de end, a'ong others, on the assess'ent of the risks in(ol(ed and financial test 'echanis's de(ised by the =e art'ent. Pro onents re)uired to ut u guarantee instru'ents shall furnish the =e art'ent with e(idence of a(ail'ent of such instru'ents fro' accredited financial instru'ent ro(iders. S*CT&$N 13. Clean-, % erations. - :otwithstanding the ro(isions of &ections /2 and #3 hereof, any erson who causes ollution in or ollutes water bodies in e9cess of the a licable and re(ailing standards shall be res onsible to contain, re'o(e and clean-u any ollution incident at his own e9 ense to the e9tent that the sa'e water bodies ha(e been rendered unfit for utili-ation and beneficial use: Pro(ided, That in the e(ent e'ergency clean-u o erations are necessary and the olluter fails to i''ediately undertake the sa'e, the =e art'ent, in coordination with other go(ern'ent agencies concerned, shall conduct contain'ent, re'o(al and clean-u o erations. >9 enses incurred in said o erations shall be rei'bursed by the ersons found to ha(e caused such ollution u on ro er ad'inistrati(e deter'ination in accordance with this Act. 7ei'burse'ents of the cost incurred shall be 'ade to the "ater Buality Manage'ent ?und or to such other funds where said disburse'ents were sourced. S*CT&$N 17. Programmatic &nvironmental (m act Assessment . - The =e art'ent shall i' le'ent rogra''atic co' liance with the en(iron'ental i' act assess'ent syste', as in the following ty es of de(elo 'ent: a* de(elo 'ent consisting of a series of si'ilar ro.ects, or a ro.ect subdi(ided into se(eral hases and6or stages whether situated in a contiguous area or geogra hically dis ersed, and b* de(elo 'ent consisting of se(eral co' onents or a cluster of ro.ects co-located in an area such as an industrial estate, an e9 ort rocessing -one, or a de(elo 'ent -one identified in a local land use lan. Progra''atic co' liance with the en(iron'ental i' act assess'ent syste' shall be guided by carrying ca acity assess'ents deter'ined fro' ecological rofiles. >cological rofiles shall Adentify en(iron'ental constraints and o ortunities in rogra''atic areas. Progra''atic assess'ent shall also take into account cu'ulati(e i' acts and risks. !onsistent with the ro(isions of the Cocal ;o(ern'ent !ode, the =e art'ent 'ay enter into agree'ent with C;0s to incor orate rogra''atic en(iron'ental i' act assess'ent into the re aration, u dating or re(ision of local land use lans and area de(elo 'ent lans. S*CT&$N 14. &nvironmental (m act Assessment System Programmatic Com liance with Water Quality Standards. - The. =e art'ent 'ay allow each regional industrial center established ursuant to 7e ublic Act :o.4F/3 8P>GA law* to allocate effluent )uotas to ollution sources within its .urisdiction that )ualify under an en(iron'ental i' act assess'ent syste' rogra''atic co' liance rogra' in accordance with Presidential =ecree :o. /2534 and its i' le'enting rules and regulations. C+APT*R 2 &NST&T.T&$NA/ *C+AN&S S*CT&$N 19. )ead Agency. - The =e art'ent shall be the ri'ary go(ern'ent agency res onsible for the i' le'entation and enforce'ent of this Act unless otherwise ro(ided herein. As such, it shall ha(e the following functions, owers and res onsibilities:

a* Pre are a :ational "ater Buality &tatus 7e ort within twenty-four 8#%* 'onths fro' the effecti(ity of this Act: Provided, That the =e art'ent shall thereafter re(iew or re(ise and ublish annually, or as the need arises, said re ort, b* Pre are an Antegrated "ater Buality Manage'ent ?ra'ework within twel(e 8/#* 'onths following the co' letion of the status re ort, c* Pre are a ten 8/$* year "ater Buality Manage'ent Area Action Plan within twel(e 8/#* 'onths following the co' letion of the fra'ework for each designated water 'anage'ent area. &uch action lan shall be re(iewed by the water )uality 'anage'ent area go(erning board e(ery fi(e 82* years or as need arises, d* Pre are and ublish a national a national groundwater (ulnerability 'a incor orating the re(ailing standards and 'ethodologies, within twenty four 8#%* 'onths after the effecti(ity of this Act, e* >nforce, re(iew and re(ise within twel(e 8/#* 'onths fro' the effecti(ity of this Act water )uality guidelines after due consultation with the concerned stakeholder sectors: Pro(ided, That the =e art'ent, in coordination with a ro riate agencies shall re(iew said guidelines e(ery fi(e 82* years or as need arises, f* 7e(iew and set effluent standards e(ery fi(e 82* years fro' the effecti(ity of this Act or sooner as deter'ined by the =e art'ent: Provided, That in the interi', the ro(isions of =>:7 Ad'inistrati(e <rder :o. 12 of the =e art'ent shall a ly: Provided, further, That when new and 'ore stringent standards are set in accordance with this section, the =e art'ent 'ay establish a grace eriod with a 'a9i'u' of fi(e 82* years: Provided, finally, That such grace eriod shall be li'ited to the 'oratoriu' on the issuance of cease and desist and6or closure order against the industry+s o erations e9ce t in the e(ent such o eration oses serious and gra(e threat to the en(iron'ent, or the industry fails to institute retooling, u grading or establishing an en(iron'ental 'anage'ent syste' 8>M&*. g* >stablish within twel(e 8/#* 'onths fro' the effecti(ity of this Act, internationally-acce ted rocedures for sa' ling and analysis of ollutants and in coordination with other concerned agencies, for'ulate testing rocedures and establish an accreditation syste' for laboratories, h* "ithin eighteen 8/5* 'onths fro' the effecti(ity of this Act and e(ery two 8#* years thereafter, categori-e oint and non- oint sources of water ollution, i* !lassify groundwater sources within twel(e 8/#* 'onths fro' the effecti(ity of this Act, .* !lassify or reclassify all water bodies according to their beneficial usages: Provided, that in the interi', the ro(isions of =>:7 Ad'inistrati(e <rder :o.1% shall a ly: Provided, further, that such classification or reclassification shall take into consideration the o eration of businesses or facilities that are e9isting rior to the effecti(ity of the Act: Provided, furthermore, that the =e art'ent 'ay authori-e the use of the water for other ur oses that are 'ore restricti(e in classification: Provided, finally, That discharges resulting fro' such use shall 'eet the effluent standards set by the =e art'ent, k* >9ercise .urisdiction o(er all as ects of water ollution, deter'ine its location, 'agnitude, e9tent, se(erity, causes, effects and other ertinent infor'ation on ollution, and to take 'easures, using a(ailable 'ethods and technologies to re(ent and abate such ollution, l* >9ercise su er(ision and control o(er all as ects of water )uality 'anage'ent,

'* >stablish a coo erati(e effort in artnershi with the go(ern'ent, C;0s, acade'ic institutions, ci(il society and the ri(ate sector to attain the ob.ecti(es of this Act, n* =isse'inate infor'ation and conduct educational awareness and (alue for'ation rogra's and ca' aigns on the effects of water ollution on health and en(iron'ent, water )uality 'anage'ent, and resource conser(ation and reco(ery to encourage an en(iron'entally action-oriented society in coordination with go(ern'ent agencies identified in &ection ## 8f*, o* Pro'ote. and encourage ri(ate and business sectors es ecially 'anufacturing and rocessing lants the use of water )uality 'anage'ent syste's e)ui 'ent, including but not li'ited to, industrial wastewater treat'ent collection and treat'ent facilities, * 7e ort, on an annual basis, to !ongress the, )uality status of water bodies and other ertinent infor'ation and reco''end ossible legislation, olicies and rogra's for en(iron'ental 'anage'ent and water ollution control, )* Assue rules and regulations for the effecti(e i' le'entation of the ro(isions of this Act, r* Assue orders against any erson or entity and i' ose fines, enalties and other ad'inistrati(e sanctions to co' el co' liance with water )uality the ro(isions of this Act, s* 0ndertake a ro riate rotocol with other concerned agencies for i''ediate coordinated res onses to water related e'ergency incidents, t* Assue er'its, clearances and si'ilar instru'ents ursuant to this Act, and u* >9ercise such owers and erfor' such other functions as 'ay be necessary to carry out the ob.ecti(es of this Act The =e art'ent shall gradually de(ol(e to the C;0s, and to the go(erning boards the authority to ad'inister so'e as ects of water )uality 'anage'ent and regulation, including, but not to be li'ited to, er'it issuance, 'onitoring and i' osition of ad'inistrati(e enalties, when, u on the =e art'ent+s deter'ination, the C;0 or the go(erning board has de'onstrated readiness and technical ca ability to undertake such functions. S*CT&$N 2". +ole of )ocal $overnment ,nits. - Cocal go(ern'ent units shall share the res onsibility in the 'anage'ent and i' ro(e'ent of water )uality within their territorial .urisdictions. >ach local go(ern'ent unit shall within si9 83* 'onths after the establish'ent of the water )uality 'anage'ent area action lan re are a co' liance sche'e in, accordance thereof, sub.ect to re(iew and a ro(al of the go(erning board. >ach local go(ern'ent unit shall, through its >n(iron'ent and :atural 7esources <ffice 8>:7<* established in 7e ublic Act :o.4/3$, ha(e the following owers and functions: a* Monitoring of water )uality, b* >'ergency res onse, c* !o' liance with the fra'ework of the "ater Buality Manage'ent Action Plan, d* To take acti(e artici ation in all efforts concerning water )uality rotection and rehabilitation, and

e* To coordinate with other go(ern'ent agencies and ci(il society and the concerned sectors in the i' le'entation of 'easures to re(ent and control water ollution: Provided, however, That in ro(inces6cities6'unici alities where there are no en(iron'ent and natural resources officers, the local e9ecuti(e concerned 'ay, with the a ro(al of the &ecretary of the =>:7 designate any of his official and6or chief of office referably the ro(incial, city or 'unici al agriculturist, or any of his e' loyee: Provided, finally, That in case an e' loyee is designated as such, he 'ust ha(e sufficient e9 erience in en(iron'ental and natural resources 'anage'ent, conser(ation and utili-ation. S*CT&$N 21. -usiness and (ndustry +ole in &nvironmental Management. - The =e art'ent and the C;0s, in coordination with the a ro riate go(ern'ent agencies. and in consultation with the business and industrial sectors including co''erce, shall for'ulate a ro riate incenti(es for the ado tion rocedures that will reser(e and rotect our water bodies through the introduction of inno(ati(e e)ui 'ent and rocesses that reduce if totally eli'inate discharge of ollutants into our water bodies. S*CT&$N 22. )in.age Mechanism. - The =e art'ent and its concerned attached agencies including CC=A shall coordinate and enter into agree'ent with other go(ern'ent agencies, industrial sector and other concerned sectors in the furtherance of the ob.ecti(es of this Act- The following agencies shall erfor' tile functions s ecified hereunder: a* Phili ine !oast ;uard in coordination with =A and the =e art'ent shall enforce for the enforce'ent of water )uality standards in 'arine waters, set ursuant to this Act, s ecifically fro' offshore sources, b* =P"@ through its attached agencies, such as the M"&&, C"0A, and including other urban water utilities for the ro(ision or sewerage and sanitation facilities and the efficient and safe collection, treat'ent and dis osal of sewage within their area of .urisdiction, c* =A, shall coordinate with the =e art'ent, in the for'ulation of guidelines for the re-use of wastewater for irrigation and other agricultural uses and for the re(ention, control and abate'ent of ollution fro' agricultural and a)uaculture acti(ities: Provided, That discharges co'ing fro' non- oint sources be categori-ed and further defined ursuant to this Act: Provided, further, That the Bureau of ?isheries and A)uatic 7esources 8B?A7* of the =A shall be ri'arily res onsible for the re(ention and control of water ollution for the de(elo 'ent, 'anage'ent and conser(ation of the fisheries and a)uatic resources, d* =<@ shall be ri'arily res onsible for the ro'ulgation, re(ision and enforce'ent of drinking water )uality standards, e* =<&T, in coordination with the =e art'ent and other concerned agencies, shall re are a rogra' for the e(aluation, (erification, de(elo 'ent and ublic disse'ination of ollution re(ention and cleaner roduction technologies, and f* =e art'ent of >ducation 8=e >d*, !o''ission @igher >ducation 8!@>=*, =e art'ent of the Anterior and Cocal ;o(ern'ent 8=AC;* and Phili ine Anfor'ation Agency 8PAA* shall assist and coordinate with the =e art'ent in, the re aration and i' le'entation of a co' rehensi(e rogra' ursuant to the ob.ecti(es of this Act. S*CT&$N 22. +e/uirement of +ecord-.ee ing! Authority for &ntry to Premises and Access to Documents. - The =e art'ent or its duly authori-ed re resentati(e shall, after ro er consultation and notice, re)uire any erson who owns or o erates any ollution source or who is sub.ect to. any re)uire'ent of this Act to sub'it re orts and other written infor'ation as 'ay be re)uired by the de art'ent.

Any record, re ort or infor'ation obtained under this section shall be 'ade a(ailable to the ublic, e9ce t u on a satisfactory showing to the =e art'ent by the, entity concerned that the record, re ort, or infor'ation or arts thereof, if 'ade ublic, would di(ulge secret 'ethods or rocesses entitled to rotection as intellectual ro erty. &uch record, re ort or infor'ation shall likewise be incor orated in the =e art'ent+s industrial rating syste'. Pursuant to this Act, the =e art'ent, through it+s authori-ed re resentati(es, shall ha(e the right to: 8a* enter any re'ises or to ha(e access to docu'ents and rele(ant 'aterials as referred to in the herein receding aragra h, 8b* ins ect any ollution or waste source, control de(ice, 'onitoring e)ui 'ent or 'ethod re)uired, and 8c* test any discharge. An cases of fish kill incidence, the Bureau of ?isheries of the =A, in the course of its in(estigation, 'ay enter the re'ises of an establish'ent re orted to ha(e caused said incident. S*CT&$N 2#. Pollution +esearch and Develo ment Programs. - The =e art'ent, in coordination with the =e art'ent of &cience and Technology 8=<&T*, other concerned agencies and acade'ic research institutions, shall establish a national research and de(elo 'ent rogra' for the re(ention and control of water ollution. As art of said rogra', the =<&T shall conduct and ro'ote the coordination and acceleration of research, in(estigation, e9 eri'ents, training, sur(ey and studies relating to the causes, e9tent, re(ention and control of ollution a'ong concerned go(ern'ent agencies and research institutions. C+APT*R # &NC*NT&%*S AN' R*,AR'S S*CT&$N 25. +ewards. - 7ewards, 'onetary or otherwise, shall be ro(ided to indi(iduals, ri(ate organi-ation and entities, including ci(il society, that ha(e undertaken outstanding and inno(ati(e ro.ects, technologies, rocesses and techni)ues or acti(ities in water )uality 'anage'ent. &aid rewards shall be sourced fro' the "ater Buality Manage'ent ?und herein created. S*CT&$N 23. (ncentives Scheme. - An incenti(e sche'e is hereby ro(ided for the ur ose of encouraging C;0s, water districts 8"=s*, enter rises, or ri(ate entities, and indi(iduals, to de(elo or undertake an effecti(e water )uality 'anage'ent, or acti(ely artici ate in any rogra' geared towards the ro'otion thereof as ro(ided in this Act. A. :on-fiscal incenti(e /. Inclusion in the Investments Priority Plan (IPP . - &ub.ect to the rules and regulations of the Board of An(est'ents 8B<A*, industrial wastewater treat'ent and6or ado tion of water ollution control technology, cleaner roduction and waste 'ini'i-ation technology shall be classified as referred areas of in(est'ent under its annual riority lan and shall en.oy the a licable fiscal and non-fiscal incenti(es as 'ay be ro(ided for under the <'nibus An(est'ent !ode, as a'ended. ?iscal Ancenti(es /. !a" and #uty $"emption on Imported Capital $%uipment . - "ithin ten /$* years u on the effecti(ity of this Act, C;0s, "=s, enter rises or ri(ate entities shall en.oy ta9-and-duty-free i' ortation of 'achinery, e)ui 'ent and s are arts used for industrial wastewater treat'ent6collection and treat'ent facilities: Pro(ided, That the i' ortation of such 'achinery, e)ui 'ent and s are arts shall co' ly with the following conditions: a* They are not 'anufactured do'estically in sufficient )uantity, of co' arable )uality and at reasonable rices,

b* They are reasonably needed and will be used actually, directly and e9clusi(ely for the abo(e 'entioned acti(ities, and c* "ritten endorse'ent by the =e art'ent that the i' ortation of such 'achinery, e)ui 'ent and s are arts would be beneficial to en(iron'ental rotection and 'anage'ent: Provided, further, That the sale, transfer or dis osition of such 'achinery, e)ui 'ent and s are arts without rior a ro(al of the B<A within fi(e 82* years fro' the date of ac)uisition shall be rohibited, otherwise the C;0 concerned, "=, enter rise or ri(ate entity and the concerned (endee, transferee or assignee shall be solidarity liable to ay twice the a'ount of ta9 and duty e9e' tion gi(en it. #. !a" Credit on #omestic Capital $%uipment. - "ithin ten 8/$* years fro' the effecti(ity of this Act, a ta9 credit e)ui(alent to one hundred ercent 8/$$D* of the (alue of the national internal re(enue ta9es and custo's duties that would ha(e been wai(ed on the 'achinery, e)ui 'ent, and s are arts, had these ite's been i' orted shall be gi(en to enter rises or ri(ate entities and indi(iduals, sub.ect to the sa'e conditions and rohibition cited in the receding aragra h. 1. !a" and #uty $"emption of #onations, &egacies and 'ifts. - All legacies, gifts and donations to C;0s, "=s, enter rises, or ri(ate entities and indi(iduals, for the su ort and 'aintenance of the rogra' for effecti(e water )uality 'anage'ent shall be e9e' t fro' donor+s ta9 and shall be deductible fro' the gross inco'e of the donor for inco'e ta9 ur oses. A' orted articles donated to, or for the account of any C;0s, "=s, local water utilities, enter rises, or ri(ate entities and indi(iduals to be e9clusi(ely used for water )uality 'anage'ent rogra's shall be e9e' ted fro' the ay'ent of custo's duties and a licable internal re(enue ta9es. Andustrial wastewater treat'ent and6or installation of water ollution control de(ices shall be classified as ioneer and referred areas of in(est'ent under the B<A+s annual riority lan and shall en.oy- the a licable fiscal and non-fiscal incenti(es as 'ay be ro(ided for under the <'nibus An(est'ent !ode, as a'ended. B. ?inancial Assistance Progra' ;o(ern'ent financial institutions such as the =e(elo 'ent Bank of the Phili ines, Cand Bank of the Phili ines, ;o(ern'ent &er(ice Ansurance &yste', and such other go(ern'ent institutions ro(iding financial ser(ices shall, in accordance with and to the e9tent allowed by the enabling ro(isions of their res ecti(e charters or a licable laws, accord high riority to e9tend financial ser(ices to C;0s, "=s, enter rises, or ri(ate entities engaged in sewage collection and treat'ent facilities. !. >9tension or ;rants to C;0s !ities and 'unici alities which shall establish or o erate sewerage facilities 'ay be entitled to recei(e grants for the ur ose of de(elo ing technical ca abilities. C+APT*R 5 C&%&/ /&A5&/&T06P*NA/ PR$%&S&$NS S*CT&$N 27. Prohi*ited Acts. - The following acts are hereby rohibited: a* =ischarging, de ositing or causing to be de osited 'aterial of any kind directly or indirectly into the water bodies or along the 'argins of any surface water, where, the sa'e shall be

liable to be washed into such surface water, either by tide action or by stor', floods or otherwise, which could cause water ollution or i' ede natural flow in the water body, b* =ischarging, in.ecting or allowing to see into the soil or sub-soil any substance in any for' that would ollute groundwater. An the case of geother'al ro.ects, and sub.ect to the a ro(al of the =e art'ent, regulated discharge for short- ter' acti(ities 8e.g. well testing, flushing, co''issioning, (enting* and dee re-in.ection of geother'al li)uids 'ay be allowed: Provided, That safety 'easures are ado ted to re(ent the conta'ination of the groundwater, c* < erating facilities that discharge regulated water ollutants without the (alid re)uired er'its or after the er'it was re(oked for any (iolation of any condition therein, d* =is osal of otentially infectious 'edical waste into sea water by (essels unless the health or safety of indi(iduals on board the (essel is threatened by a great and i''inent eril, e* 0nauthori-ed trans ort or du' ing into sea waters of sewage sludge or solid waste as defined under 7e ublic Act :o.F$$1, f* Trans ort, du' ing or discharge of rohibited che'icals, substances or ollutants listed under 7e ublic Act :o.3F3F, g* < erate facilities that discharge or allow to see , willfully or through gross negligence, rohibited che'icals, substances or ollutants listed under 7. A. :o. 3F3F into water bodies or wherein the sa'e shall be liable to be washed into such surface, ground, coastal, and 'arine water, h* 0ndertaking acti(ities or de(elo 'ent and e9 ansion of ro.ects, or o erating wastewater6sewerage facilities in (iolation of Presidential =ecree. :o./253 and its i' le'enting rules, and regulations, i* =ischarging regulated water ollutants without the (alid re)uired discharge er'it ursuant to this Act or after the er'it was re(oked for any (iolation of condition therein, .* :on-co' liance of the C;0 with the "ater Buality ?ra'ework and Manage'ent Area Action Plan. An such a case, sanctions shall be i' osed on the local go(ern'ent officials concerned, k* 7efusal to allow entry, ins ection and 'onitoring by the =e art'ent in accordance with this Act, l* 7efusal to allow access by the =e art'ent to rele(ant re orts and records in accordance with this Act, '* 7efusal or failure to sub'it re orts whene(er re)uired by the =e art'ent in accordance with this Act, n* 7efusal or failure to designate ollution control officers whene(er re)uired by, the =e art'ent in accordance with this Act, and o* =irectly using booster u' s in the distribution syste' or ta' ering with the water su in such a way as to alter or i' air the water )uality. ly

S*CT&$N 24. "ines! Damages and Penalties. - 0nless otherwise ro(ided herein, any erson who co''its any of the rohibited acts ro(ided in the i''ediately receding section or (iolates any of the ro(ision of this Act or its i' le'enting rules and regulations, shall be fined by the &ecretary,

u on the reco''endation of the PAB in the a'ount of not less than Ten thousand esos 8P/$,$$$.$$* nor 'ore than Two hundred thousand esos 8P#$$,$$$.$$* for e(ery day of (iolation. The fines herein rescribed shall be increased by ten ercent 8/$D* e(ery two 8#* years to co' ensate for inflation and to 'aintain the deterrent function of such fines: Provided, That the &ecretary, u on reco''endation of the PAB 'ay order the closure, sus ension of de(elo 'ent or construction, or cessation of o erations or, where a ro riate disconnection of water su ly, until such ti'e that ro er en(iron'ental safeguards are ut in lace and6or co' liance with this Act or its rules and regulations are undertaken. This aragra h shall be without re.udice to the issuance of an e" parte order for such closure, sus ension of de(elo 'ent or construction, or cessation of o erations during the endency of the case. ?ailure to undertake clean-u o erations, willfully, or through gross negligence, shall be unished by i' rison'ent of not less than two 8#* years and not 'ore than four 8%* years and a fine not less than ?ifty thousand esos 8P2$,$$$.$$* and not 'ore than <ne hundred thousand esos 8P/$$,$$$.$$* er day for each day of (iolation. &uch failure or refusal which results in serious in.ury or loss of life and6or irre(ersible water conta'ination of surface, ground, coastal and 'arine water shall be unished with i' rison'ent of not less than si9 83* years and one day and not 'ore than twel(e 8/#* years, and a fine of ?i(e @undred Thousand Pesos 8P2$$,$$$.$$* er day for each day during which the o'ission and6or conta'ination continues. An case of gross (iolation of this Act, the PAB shall issue a resolution reco''ending that the ro er go(ern'ent agencies file cri'inal charges against the (iolators. ;ross (iolation shall 'ean any of the following: a* deliberate discharge of to9ic ollutants identified ursuant to 7e ublic Act :o.3F3F in to9ic a'ounts, b* fi(e E2* or 'ore (iolations within a eriod of two 8#* years, or c* blatant disregard of the orders of the PAB, such as the non- ay'ent of fines, breaking of seals or o erating des ite the e9istence of an order for closure, discontinuance or cessation of o eration. An which case, offenders shall be unished with a fine of not less than ?i(e hundred thousand esos 8P2$$,$$$.$$* but not 'ore than Three 'illion esos 8P1,$$$,$$$.$$H er day for each day of (iolation or i' rison'ent of not less than si9 E3* years but not 'ore than ten E/$* years, or both, at the discretion of the court. Af the offender is a .uridical erson, the resident, 'anager and the ollution control officer or the official in charge of the o eration shall suffer the enalty herein ro(ided. ?or (iolations falling under &ection % of Presidential =ecree :o.F4F or any regulations rescribed in ursuance thereof, such erson shall be liable for a fine of no/ less than ?ifty thousand esos EP2$,$$$.$$* nor 'ore than <ne 'illion esos 8P/,$$$,$$$.$$* or by i' rison'ent of not less than one E/* year nor 'ore than si9 83* years or both, for each offense, without re.udice to the ci(il liability of the offender in accordance with e9isting laws. Af the offender is a .uridical entity, then its officers, directors, agents or any erson ri'arily res onsible shall be held liable: Provided, That any (essel fro' which oil or other har'ful substances are discharged in (iolation of &ection % of Presidential =ecree :o.F4F shall be liable for enalty of fine s ecified in the i''ediately receding aragra h and clearance of such (essel fro' the ort of the Phili ines 'ay be withheld until the fine is aid and such enalty shall constitute a lien on such (essel which 'ay be reco(ered in roceedings by libel in rem in the ro er court which the (essel 'ay be. The owner or o erator of a (essel or facility which discharged the oil or other har'ful substances will be liable to ay for any clean-u costs. Provided, finally, That water ollution cases in(ol(ing acts or o'issions --- co''itted within the Caguna Cake 7egion shall be dealt with in accordance with the rocedure under 7. A. :o.%52$ as a'ended.

S*CT&$N 29. Administrative Sanctions Against Non-com liance with the Water Quality Management Area Action Plan. - Cocal go(ern'ent officials concerned shall be sub.ect to Ad'inistrati(e sanctions incase of failure to co' ly with their action lan accordance with the rele(ant ro(isions of 7.A. :o. 4/3$. C+APT*R 3 ACT&$NS S*CT&$N 2". Administrative Action. - "ithout re.udice to the right of any affected erson to file an ad'inistrati(e action, the =e art'ent shall, on its own instance or u on (erified co' laint by any erson, institute ad'inistrati(e roceedings in the ro er foru' against any erson who (iolates: a* &tandards or li'itations ro(ided by this Act, or b* By any such order, rule or regulation issued by the =e art'ent with res ect to such standard or li'itation. C+APT*R 7 )&NA/ PR$%&S&$NS S*CT&$N 21. A ro riations.- An a'ount of <ne hundred 'illion esos 8P/$$,$$$,$$$.$$* shall be a ro riated fro' the sa(ings of the :ational ;o(ern'ent to the =e art'ent for the initial i' le'entation of this Act. Thereafter, the a'ount necessary to effecti(ely carry out the ro(ision of this Act shall be included in the ;eneral A ro riations Act of the year following its enact'ent into law and thereafter. S*CT&$N 22. (m lementing +ules and +egulations. - The =e art'ent, in coordination with the !o''ittees on >n(iron'ent and >cology of the &enate and the @ouse of 7e resentati(es, res ecti(ely and other concerned agencies shall ro'ulgate the i' le'enting rules and regulations for this Act, within one 8/* year after the enact'ent of this Act: Pro(ided. That rules and regulations issued by other go(ern'ent agencies and instru'entalities for the re(ention and6or abate'ent of water ollution not inconsistent with this Act shall su le'ent the rules and regulations issued by the =e art'ent, ursuant to the ro(isions of this Act. The draft of the i' le'enting rules and regulations shall be ublished and be the sub.ect of ublic consultations with affected sectors. There shall be a 'andatory re(iew of the i' le'enting rules and regulations and standards set ursuant to the ro(isions of this Act. S*CT&$N 22. 0oint Congressional %versight Committee. - There is hereby created a Joint !ongressional <(ersight !o''ittee to 'onitor the i' le'entation of this Act and to re(iew the i' le'enting rules and regulations ro'ulgated by the =e art'ent. The !o''ittee shall be co' osed of fi(e 82* &enators and fi(e, 82* 7e resentati(es to be a ointed by the &enate President and the & eaker of the @ouse of 7e resentati(es, res ecti(ely. The <(ersight !o''ittee shall be co-chaired by the !hair ersons of the !o''ittee on >n(iron'ent of the &enate and the !o''ittee on >cology of the @ouse of 7e resentati(es. S*CT&$N 2#. +e ealing Clause. - Presidential =ecree :o.F5% is hereby re ealed. 7e ublic Act :os. 3F3F and %52$ as a'ended, Presidential =ecree :os. /253, //2#, F4F and 523 are hereby a'ended and 'odified accordingly. All other laws, orders, issuance, rules and regulations inconsistent herewith are hereby re ealed or 'odified accordingly.

S*CT&$N 25. Se ara*ility Clause. - Af any ro(ision of this Act or the a lication such ro(ision to any erson or circu'stances is declared unconstitutional, the re'ainder of the Act or the a lication of such ro(ision to other erson or circu'stances shall not be affected by such declaration. S*CT&$N 23. &ffectivity. - This Act shall take effect fifteen 8/2* days fro' the date of its ublication in the <fficial ;a-ette or in at least two 8#* news a ers of general circulation.

ro(ed,

)RAN7/&N 'R&/$N President of the &enate

8$S* '* %*N*C&A 8R. & eaker of the @ouse of 7e resentati(es

This Act which is a consolidation of &enate Bill :o. #//2 and @ouse Bill :o. 21F5 was finally assed by the &enate and the @ouse of 7e resentati(es on ?ebruary %, #$$%.

$SCAR (. 0A5*S &ecretary of &enate

R$5*RT$ P. NA9AR*N$ &ecretary ;eneral @ouse of 7e resenati(es

ro(ed: March ##, #$$% (/$R&A ACAPA(A/:ARR$0$ President of the Philippines