WATER - Freshwaters (Use and Management of Waters)

The Philippine Clean Water Act of 2004 (Republic Act No. 9275) aims to protect
the countrys water bodies from pollution from land-based sources (industries
Why the need for the Clean Water? and commercial establishments, agriculture and community/household
activities).

As early as 1996, monitoring of the countrys rivers showed that only 51% of

the classified rivers still met the standards for their most beneficial use. The rest
were already polluted from domestic, industrial and agricultural sources. It provides for a comprehensive and integrated strategy to prevent and minimize
pollution through a multi-sectoral and participatory approach involving all the
stakeholders

Most studies point to the fact that domestic wastewater is the principal cause of
Applies to water quality management in all water bodies.
organic pollution (at 48%) of our water bodies. Yet, only 3% of investments in
water supply and sanitation were going to sanitation and sewage treatment.

How will water quality be managed?

A recent World Bank report pointed out that Metro Manila was second to the

lowest in sewer connections among major cities in Asia and less than 7%
compared to 20% for Katmandu, Nepal and 30% for Dhaka, Bangladesh. Management of water quality will either be based on watershed, river basin or
water resources region.

Thirty-one percent (31%) of all illnesses in the country are attributed to polluted
waters. Clearly, to ensure access to clean water for all Filipinos, it was
imperative that government put together a comprehensive strategy to protect
water quality.
Water quality management areas with similar hydrological, hydrogeological,
meteorological or geographic conditions which affect the reaction and diffusion
of pollutants in water bodies are to be designated by the DENR in coordination
with the National Water Resources Board (NWRB).

RA 9275 - The Philippine Clean Water Act

Who will manage these areas? What is a WATER POLLUTANT?

Management will be localized. Multi-sectoral governing boards will be established to
manage water quality issues within their jurisdiction. refer to any substance, whether solid, liquid, gaseous or radioactive, which
directly or indirectly:

Who are the members of the Governing Boards? o alters the quality of any segment of the receiving water body to
affectbeneficial use thereof;
Governing Boards shall be composed of representatives of mayors and governors as
well as local government units, representatives of relevant national government
agencies, duly registered non-government organizations, the concerned water utility
sector and the business sector.
hazardous or potential hazardous to health;

Multi-Sectoral Governing Boards

Functions:

Formulate strategies to coordinate policies necessary for the effective

implementation of this Act.

Create a multi-sectoral group to establish and effect water quality

surveillance and monitoring.

Philippine Clean Water Act

SOURCES OF POLLUTION:

Non-point source - means any source of pollution not identifiable as point

source to include, but not be limited to, runoff from irrigation or rainwater,
which picks up pollutants from farms and urban areas.

Point source - means any identifiable source of pollution with specific

point of discharge into a particular water body.

Each LGU shall appropriate the necessary land, including the required rights-of-
imparts objectionable odor, temperature change, or physical, chemical or way/road access to the land for the construction of the sewage and/or septage
biological change to a water body; or treatment facilities.

in excess of the allowable limits, concentrations, or quality standards.

Control of Domestic Wastewater

The Department of Health (DOH) will formulate guidelines and standards for the
collection, treatment and disposal of sewage as well as the guidelines for the
What is a WATER POLLUTION? establishment and operation of centralized sewage treatment system.

means any alteration of the physical, chemical, biological, or radiological properties The MWSS and other agencies mandated to provide water supply and sewerage
of a water body resulting in the impairment of its purity or quality. facilities are required to connect existing sewage lines, subject to the payment of
sewerage service charges/fees within five years following effectivity of this Act.

Control of Wastewater Discharges

All owners or operators of facilities that discharge wastewater are required to get a
permit to discharge from the DENR or the Laguna Lake Development Authority.

Existing industries without any permit are given 12 months from the effectivity of
the implementing rules and regulations (IRR) promulgated pursuant to this Act to
secure a permit to discharge.

Control of Domestic Wastewater

The Department of Public Works and Highways (DPWH), in coordination with local
government units will prepare a national program on sewage and septage
management not later than 12 months from effectivity of this Act. A priority list will
likewise be prepared which will be the basis for the allotment of funds on an annual
basis by the national government for the construction and rehabilitation of required
facilities

National Sewerage and Septage Management Program

includes a priority listing of sewerage, septage and combined sewerage-septage

projects for LGUs based on population density and growth, degradation of water
resources, topography, geology, vegetation, program/projects for the rehabilitation of
existing facilities and other factors
Domestic Sewage Collection, Treatment and Disposal How will the discharge of wastewater be discouraged?

All sources of sewage and septage are required to comply with the law. Effluent trading per management area will be allowed.

Connection of all existing sewage line found in all subdivisions, condominiums,
commercial centers, hotels, sports and recreational facilities, hospitals, market
places, public buildings, industrial complex and other similar establishments
including households to available sewerage system in Metro Manila and HUCs.
Rewards will also be given to those whose wastewater discharge is better than the
water quality criteria of the receiving body of water. Fiscal and non-fiscal incentives
will also be given to LGUs, water districts, enterprise, private entities and individuals
who develop and undertake outstanding and innovative projects in water quality
management.

What safeguards are provided for?

How will the discharge of wastewater be discouraged?
All possible dischargers are required to put up an environmental guarantee fund
(EGF) as part of their environmental management plan. The EGF will finance the
conservation of watersheds and aquifers, and the needs of emergency response, clean
up or rehabilitation.
Anyone discharging wastewater into a water body will have to pay a wastewater
charge. This economic instrument which will be developed in consultation with all
concerned stakeholders is expected to encourage investments in cleaner production
and pollution control technologies to reduce the amount of pollutants generated and
discharged.

Water Quality Management Area

designated areas as water quality management areas using appropriate physiographic

units such as watershed, river basins or water resources regions that:

have similar hydrological, hydrogeological, meteorological or geographic conditions

which affect the physicochemical, biological and bacteriological reactions and
diffusions of pollutants in the water bodies,

share common interest

face similar development programs, prospects or problems.


Management of Non-attainment Areas
Compliance with the framework of the Water Quality Management Action
designated water bodies, or portions thereof, where specific pollutants from either
Plan;
natural or man-made source have already exceeded water quality guidelines

Take active participation in all efforts concerning water quality protection

New sources of exceeded water pollutant without a corresponding reduction in and rehabilitation; and
discharges from existing sources are NOT allowed, subject to exceptions.

Coordinate with other government agencies and civil society and the
concerned sectors
Clean-Up Operations

any person who causes pollution in or pollutes water bodies in excess of the
applicable and prevailing standards shall be responsible to contain, remove and Prohibited Acts
clean-up any pollution incident at his own expense

Provided, That in the event emergency clean-up operations are necessary and the
polluter fails to immediately undertake the same, the DENR, in coordination with Discharging or depositing any water pollutant to the water body, or such
other government agencies concerned, shall conduct containment, removal and which will impede natural flow in the water body
clean-up operations.

Expenses incurred in said operations shall be reimbursed by the persons found to

have caused pollution

Role of Local Government Units

Local government units shall share the responsibility in the management

and improvement of water quality within their territorial jurisdictions.

Powers and functions:

Monitoring of water quality;

Emergency response;
 Discharging, injecting or allowing to enter into the soil, anything that would
pollute groundwater
Operating facilities that discharge regulated water pollutants without the
valid required permits
Disposal of potentially infectious medical waste into sea by vessels
Unauthorized transport or dumping into waters of sewage sludge or solid
waste.
Transport, dumping or discharge of prohibited chemicals, substances or
pollutants listed under Toxic Chemicals, Hazardous and Nuclear Wastes
Control Act (Republic.Act No. 6969)
Discharging regulated water pollutants without the valid required discharge
permit pursuant to this Act
Noncompliance of the LGU with the Water Quality Framework and
Management Area Action Plan
Refusal to allow entry, inspection and monitoring as well as access to
reports and records by the DENR in accordance with this Act
Refusal or failure to submit reports and/or designate pollution control
officers whenever required by the DENR in accordance with this Act
Directly using booster pumps in the distribution system or tampering with
the water supply in such a way to alter or impair the water quality
Operate facilities that discharge or allow to seep, willfully or through grave
negligence, prohibited chemicals, substances, or pollutants listed under R.A.
No. 6969, into water bodies.
Undertake activities or development and expansion of projects, or operating
wastewater treatment/sewerage facilities in violation of P.D.1586 and its
IRR.
Fines and Penalties
Upon the recommendation of the Pollution Adjudication Board (PAB), anyone who
commits prohibited acts such as discharging untreated wastewater into any water
body will be fined for every day of violation, the amount of not less than Php 10,000
but not more than Php 200,000.
In cases of gross violation, a fine of not less than Php 500,000 but not more than Php
3,000,000 will be imposed for each day of violation. Criminal charges may also be
filed.
Failure to undertake clean-up operations willfully shall be punished by imprisonment
of not less than two years and not more than four years. This also includes a fine of
not less than Php 50,000 and not more than Php 100,000 per day of violation. Failure
or refusal to clean up which results in serious injury or loss of life or lead to
irreversible water contamination of surface, ground, coastal and marine water shall
be punished with imprisonment of not less than 6 years and 1 day and not more than
12 years and a fine of Php 500,000/day for each day the contamination or omission
continues.
DENR as Primary Implementing Agency
The DENR is the primary government agency responsible for the implementation
and enforcement of this Act, with the support of other government organizations,
local government units, non -government organizations and the private sector.
The Department of Education, Commission on Higher Education, Department of
Interior and Local Government, and the Philippine Information Agency shall prepare
and implement a comprehensive and continuing public education and information
program.

Towards this end, the DENR will review and set affluent standards, review and
enforce water quality guidelines, classify groundwater sources and prepare a national Water Code PD 1067
groundwater vulnerability map, classify or reclassify water bodies, establish
internationally accepted procedures for sampling and analysis, prepare an integrated Underlying Principles of the Water Code:
water quality management framework and subsequently prepare 10-year
management plans for each water management area.
All waters belong to the State

Roles of Other Agencies

All waters that belong to the state cannot be subject to acquisitive

prescription
The Philippine Coast Guard shall enforce water quality standards in marine
waters, specifically from offshore sources. The State may allow the use/development of water by administrative
concession

The Department of Public Works and Highways through its attached

agencies shall provide sewerage and sanitation facilities, and the efficient The utilization, exploitation, development, conservation and protection of
and safe collection, treatment and disposal of sewage within their area of water resources shall be subject to the control and regulation of the
jurisdiction. government

The Department of Agriculture shall formulate guidelines for the re-use of Preference in the use and development of waters shall consider current
wastewater for irrigation and other agricultural uses and for the prevention, usages and be responsive to the changing needs of the country.
control and abatement of pollution from agricultural and aquaculture
activities

Types of Waters (Art. 4)

Roles of Other Agencies

The Department of Health shall set, revise and enforce drinking water quality
standards.

The Department of Science and Technology shall evaluate, verify, develop and
disseminate pollution prevention and cleaner production technologies.

Waters refers to water:
Seawater

Under the grounds

Waters found on private lands that also belong to the State:

Above the ground

In the atmosphere
Continuous or intermittent waters rising on such lands

Of the sea within the territorial jurisdiction of the Philippines Lakes and lagoons naturally occurring on such lands

Waters that belong to the State

Rainwater falling on such lands

Rivers and their natural beds Subterranean or ground waters

Continuous or intermittent waters of springs and brooks running in their Waters in swamps and marshes
natural beds and the beds themselves

Natural lakes and lagoons Appropriation of Water

All other categories of surface waters such as water flowing over lands,
water from rainfall whether natural or artificial, and water from agriculture
runoff, seepage and drainage

Atmospheric water

Subterranean or ground waters


Appropriation of waters is the acquisition of rights over the use of waters or the
taking or diverting of waters from the natural source in the manner and for any Bathing or washing, watering or dipping of domestic or farm animals
purpose allowed by law. Water may be appropriated for the following purposes:

Domestic
Navigation of watercrafts or transportation of logs or other objects by
flotation

Municipal
Only citizens of the Philippines, of legal age, as well as juridical persons, who are

duly qualified by law to exploit and develop water resources, may apply for water
Irrigation permits

Power generation Water right is deemed acquired as of the date of filing of the application for a water
permit in case of approved permits, or as of the date of actual use in a case where no

permit is required. It shall continue to be valid as long as the water is beneficially
Fisheries used.

Livestock raising

Industrial

Recreational

Other purposes

Water Permit

No person, including the government, shall appropriate water without a water right,
which shall be evidenced by a document known as a water permit, except for any of
the following:

Appropriation by means of handcarried receptacles


Grounds for Suspension of Water Rights
Willful failure or refusal to comply with rules and regulations or any lawful

Noncompliance with approved pans and specifications or schedules or

order

water distribution
Pollution, public nuisance or acts detrimental to public health and safety

Use of water for a purpose other than that for which it was granted

When the appropriator is found to be disqualified under the law to exploit

Nonpayment of water charges

and develop natural resources of the Philippines

Wastage
When, in the case of irrigation, the land is converted to non-agricultural
purposes

Failure to keep records of water diversion, when required Other Permits

Violation of any term or condition of any permit or rules and regulations Construction of dams, bridges and other structures across navigable or
flotable waterways shall secure permit from DPWH

Grounds for Revocation of Water Rights

Prior permit required for:

Nonuse

Gross violation of the conditions imposed in the permit

Unauthorized sale of water


Drilling of Wells
Excavation for emission or enlargement of existing opening of a hotspring
No person shall drill a well without prior permission see Arts. 68, 69, 70.

Additional permit required from DOH for the development of hotspring for Duties of any person in control of a well to prevent water from flowing on the
surface or into any surface water, or any porous stream underneath the surface
public consumption
Cannot be used to recharge subterranean or ground water supplies without

Cloud seeding to induce or restrain rainfall unless (1) Presidential Order, (b)
permission

in time of national calamity or emergency

To raise or lower and drain water level of river, stream, lake, lagoon or
END OF PD1067
marsh
Related Laws:

Drainage systems with outlets that are rivers, lakes, the sea, natural bodies Code on Sanitation PD 856
of water
DENR AO 34-1990 (Revised Water Usage and Classification/Water Quality Criteria)

DENR AO 26A-1994 (Philippine Standards For Drinking Water)

Related Laws

Laguna Lake Development Authority Charter - RA 4850, as amended

- Environmental User fee System Resolution No. 33 (1996)

Case: LLDA vs. CA, G.R. No. 110120, March 16, 1994

Water Utilities - PD 198 (Local Water Authorities Utility); RA 6234 (MWSS); RA

2026 (Waterways)