The Philippine

Clean Water Act of 2004

(R.A. 9275)
 OUTLINE
Background
Salient Features of the Clean Water
Act (CWA)
Other CWA Activities and Outputs
 WATER RESOURCES
Marine Waters
Coastline : 17,460 kms.
Total Territorial Waters : 220M has.
- Coastal : 26.6M has.
- Marine / Oceanic : 193.4M has.

Inland Waters (19.9M has.)

Principal Rivers : 421 (drainage area not
less than 40km2)
Major Rivers : 18 (drainage area not
less than 1,400 km2)
 WATER RESOURCES

Inland Waters continued

Annual Surface water volume : 220,000 MCM/yr

Annual Groundwater volume : 20,000 MCM/yr

Lakes
Major (minimum area of 4km2) : 16
Minor (minimum area of less than 4km2) : 83
 STATUS - WATER SECTOR
About 1/3 of the principal rivers are classified /
intended as sources of public water supply;
Up to 58% of the groundwaters sampled are
contaminated with coliform and needs
treatment;
General causes of water pollution are domestic
(=50%); agricultural (>35%) and industrial
(15%) sources;
Approximate 31% of illnesses are water borne;
 STATUS - WATER SECTOR

Many areas experience shortages of water supply

in the dry season;
Economic losses amount to 67B PhP; (3B health,
17 B fisheries production, and 47 B tourism);
Four critical regions (i) Central Luzon; (ii)
Southern Tagalog; (iii) Central Visayas (iv)
National Capital Region.
Salient Features of
The Clean Water
Act of 2004
RA 9275
 Coverage of the Act

All water bodies (natural and manmade) bodies of

fresh, brackish, and saline waters and includes but
not limited to aquifers, ground water, 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.
 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.
 Water Quality Management
(WQM) Area
GB - Formulate strategies to coordinate policies
for implementing CWA;
- Monitor the action
Each WQMA will have its own multi-sectoral group
to establish and conduct water quality surveillance
and monitoring network. The group shall report to
GB;
Technical support by Secretariat, composed of
experienced 1 lawyer; 1 Geo/Bio; 1
C.E./Hydrologist; and 1 Chem/Chem. Engr./
Sanitary Engr.
 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
with private sector for constructing, rehabilitating
and/or operation of such facilities;
Each LGU shall appropriate land, including right-of-
way / road access from construction of sewage and
septage treatment facilities.
 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
management systems to be employed;
Said connection subject to service charges/ fees;
DOH to prepare appropriate guidelines.
 National Water Quality
Management Fund

Established as a Special Account in the National

Treasury (to be administered by DENR);
Sourced from PAB fines; Permit fees; donations,
endowments, grants. Donations exempt from
donors taxes and all other taxes and deductible
from gross income of donor
 National Water Quality
Management Fund
Used for :
Containment and clean-up operations
Guarantee rehabilitation of affected areas
Support research, enforcement/monitoring
activities
Technical Assistance
Rewards and incentives
Support IEC and others
Area Water Quality Management Fund
Established for :

Maintenanceand upkeep water bodies

under WQ management area;
Grant of rewards and incentives for those
whose discharges are better than WQ
criteria;
Area Water Quality Management Fund
Established for (continued)

Loans for facility acquisition of water body

within WQ management area;
Regular maintenance of water body within
WQ management area.

10% of funds accruing annually shall be

allocated for MOE of GB; Secretariat and multi-
sectoral WQ group.
 Area Water Quality
Management Fund

Initially sourced form fines from rural areas

before effectivity of the CWA;
Thereafter to be sourced from CWA wastewater
Charge System and donations, endowments
and grants for WQ management in the area;
Funds to be managed by the GB in
corresponding area.
 Wastewater Charge System
Established on the basis of payments 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
 Discharge Permit

Legal authorization to discharge wastewater, as

granted by DENR;
Permit specifies following, among others:
the allowed effluent quantity and quality;
compliance schedule;
monitoring equipment
 Programmatic EIA and
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 Environmental Compliance
Certificate.
 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 emergencies.
Expenses incurred shall be reimbursed by guilty
persons or parties.
 Role of LGUs
Be responsible for WQ within their jurisdiction; As
such, LGUs shall prepare a compliance scheme
subject to review and 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.
 Rewards and 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);
 Rewards and Incentives

Fiscal : (i) Tax and duty exemption on imported

capital equipment; (ii) Tax credit on domestic
capital equipment; (iii) Tax and duty exemptions of
donations, legacies and gifts;
Financial Assistance Program;
Extension of grants to LGUs for developing
technical capabilities re: sewerage facilities.
 Fines, Damages, and Penalties

Fines of 10,000 200,000 PhP for every day of

violation; upon PAB recommendation (rates to be
increased 10% every 2 years);
Closure, suspension of development or construction
or cessation of operations upon PAB
recommendation;
2 to 4 years imprisonment for failure to clean up &
50,000 100,000 PhP for every day of violation;
 Fines, Damages, and Penalties

6 to 12 years imprisonment and 500,000 PhP

for every day of violation for such refusal
resulting in serious injury or death and/or
irreversible contamination;
6 to 10 years imprisonment plus 500,000 3
Million PhP for each day of violation, plus
criminal charges for gross violation.
 Administrative sanctions for
non-compliance to WQMA
Action Plan

For local government officials that fail to comply

with the WQMA Action Plan, 6 to 12 years
imprisonment and 500,000 PhP for every day of
violation for such refusal, resulting in serious injury
or death and/or irreversible contamination;
 Appropriations

100 Million PhP from savings of National

Government to the DENR for initial
implementation;
Thereafter, regular funding under the General
Appropriations Act (GAA).
 Oversight

Joint Congressional Oversight Committee to

monitor implementation and review the
implementing Rules and Regulations (IRR);
Composed of 5 Senators and 5 Representatives as
appointed by the Senate President and House
Speaker, respectively;
Co-chaired by Chairperson of Senate Committee on
Environment and House Committee on Ecology.
 Implementing Rules and
Regulations (IRR)

DENR, in coordination with Senate and House

Committees, and other concerned agencies, shall
promulgate within 1 year after enactment;
The draft IRR shall be published and be subject to
public consultations with affected sectors;
Mandatory review by the Joint Congressional
Oversight Committee (JCOC).
 Other CWA
Activities and
Outputs
 National Water Quality
Status Report
Prepared by DENR, NWRB, etc. within 24
months;
Reports shall identify:
Location and existing uses of water
bodies
Water quality and pollution sources
Groundwater vulnerability maps
WQ Management Areas (WQMAs)
Water classification
 Integrated WQM Framework
Within 12 months after WQ status report;
Official Blueprint of Government Agencies:
WQ goals and targets
Period of compliance
Water pollution control technologies
IEC campaign
Human resources development
 10 Year WQM Area Action Plan
Goals and targets
Schedule of LGU compliance
Water pollution control strategies or
techniques
Public IEC
Resource requirements and possible sources
Enforcement procedures of the plan
Rewards and incentives
(within 12 months after WQM framework)
 National Groundwater
Vulnerability Mapping
Within 24 months after Act effectivity:
1:250,000 map series showing degrees of
groundwater vulnerability to
contamination
For highly urbanized cities and remaining
parts, especially environmentally critical
projects
Based on hydrogeological and, soil and
rock properties, topography,etc.
 Inter Agency Technical
Assistance Committee

To evaluate and endorse appropriate water

pollution control technologies;
To develop an environmental technology
verification program;
To promote the development of clean
technologies (CT) / clean production (CP)
programs Headed by DOST.
 Test Procedures for
Sampling and Analysis of
Pollutants

Within 12 months to establish / adopt

internationally accepted procedures;
Strengthening the accreditation of
environmental laboratories and new testing
procedures.
Categorization of point and non-
point sources of water pollution

- Within 18 months

Classification of groundwater
sources
- Within 12 months
Classification / Reclassification of
Philippine Waters

Includes all water bodies surface (freshwater,

coastal, and marine) and groundwater;
Based on beneficial usages;
Review/reclassification within 5 years after IRR
effectivity and every 10 years thereafter.
 Water Quality Guidelines
Review/revise and publish WQ guidelines
reflecting knowledge on (within 12 months
from effectivity of Act):
effects of pollutants
concentration& dispersion of pollutants

beneficial uses or RWB

best available / practicable technology for

prevention, abatement of pollution
Review/revise every 5 years
 Effluent Standards
Review/revise and publish Standards (every 5
years);
Adopts DAO 34 & 35 as Interim standard for grace
period (moratorium on Cease and Desist and/or
closure Orders) for maximum 5 years from Act
effectivity for existing industries, which would
require significant retooling; EMS establishment;
installation of APDs; clean production facilities and
processes;
No grace period / moratorium in cases of serious
and grave threat to environment.
 Other DENR works
Issue rules and regulations for the effective
implementation of CWA;
Issue permits, clearances and similar instruments;
Issues orders against persons or entities and
impose fines, penalties and other administrative
sanctions to compel compliance with WQ
regulations and the CWA provisions;
Shall devolve gradually to LGUs some WQM
regulations, such as permits issuance, monitoring,
and imposition of administrative penalties.
 Programmatic EIA for the ff:
Series of similar development projects /
subprojects / phases situated in a contiguous or
geographically dispersed area, such as industrial
estate, export processing zone, or development
zone in land use plan
Guided by carrying capacity assessment from
ecological profiles
Allocation of effluent quotas within jurisdiction
of WQMAs and regional industrial centers
established under PEZA Law (RA 7916)