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CASE ANALYSIS

EFFLUENT AND ITS HARMFUL EFFECTS TO THE ENVIRONMENT AND TO HUMANS

GOVERNMENT AGENCIES TASKED TO PROTECT AND CONSERVE WATER RESOURCES

By:

DELOS REYES, GLAIZA V.MACAM, JULNA

TEMPLADO, JOBER

Submitted to:

ATTY. JACK ANDREW MIRANDA

February 28, 2014

FACTS OF THE CASE:

A report from the local health clinic stated that incidence of skin disease among children was increasing in Barangay Masikip and this can be linked to the presence of manufacturing company. Effluent coming from the plant of Soft-Ade Company was sampled and failed the standards set by the DENR. Upon further investigation, it was discovered that although Soft-Ade Co. had an Environmental Compliance Certificate (ECC) for its wastewater treatment facility (WTF), it did not secure another ECC for the expansion of the said WTF. However, Soft-Ade claims it cannot be held liable since it is not discharging into any body of water. Hence, it cannot be the source of the health problem in the area. The DENR, on the

other hand, states that the sewage canal eventually leads the Amila River, some 500 meters away.

ISSUES TO BE RESOLVED/ADDRESSED:

1. Whether the discharging of effluents into the sewage canal is responsible for the increasing incidence of skin disease among children in Barangay Masikip;

2. Whether Soft-Ade Company maybe held liable for such;

3. Whether the agencies involved efficiently performed their mandate;

I INTRODUCTION:

Water pollution is one of the major problems that the Philippine Government

faces. It needs continuous assessment of policies and programs to better address the

issue. Water pollution is defined as the contamination of bodies of water such as

rivers, lakes, oceans, aquifiers, and groundwater. Water pollution occurs when

pollutants are directly or indirectly discharged into water bodies without

adequate treatment to remove harmful compounds.1

There are many causes for water pollution but two general categories exist:

direct and indirect contaminant sources. Direct sources include effluent outfalls

from factories, refineries, waste treatment plants etc.. that emit fluids of varying

quality directly into urban water supplies. Indirect sources include contaminants that

enter the water supply from soils/groundwater systems and from the atmosphere

via rain water. Soils and groundwaters contain the residue of human agricultural

practices (fertilizers, pesticides, etc..) and improperly disposed of industrial wastes.2

II WHAT IS EFFLUENT?

Effluent means discharge from known sources which is passed into a body of water

or land, or wastewater flowing out of a manufacturing plant, industrial plant including

domestic, commercial and recreational facilities.3

III EFFECTS OF EFFLUENT:

Globally, effluents that are discharged from wastewater treatment systems

represent one of the largest sources of pollution. The negative impacts of these

effluents to aquatic ecosystems and to humans, from harmful substances found in

them have been documented both at national and international levels. Some of

these impacts can include death of aquatic life, algal blooms, habitat destruction

from sedimentation, debris, and increased water flow and other short and long term

toxicity from chemical contaminants; in combination with chemical accumulation

and magnification at higher levels of the food chain.4

1 http://en.wikipedia.org/wiki/Water_pollution 2 http://www.soest.hawaii.edu/GG/ASK/waterpol3.html 3 Republic Act 9275 otherwise known as Philippine Clean Water Act of 2004, Section 4 (m)

Definition of Terms 4 Canada Gazzette, 2010

The effects of effluents,5 the primary cause of pollution in the different bodies

of water, are categorized into two namely: (1) ecological impact; (2) health impact.

A. ECOLOGICAL IMPACT

The major chemical pollutants in wastewater are nitrogen, phosphorus,

heavy metals, detergents, pesticides and hydrocarbons. Of these chemicals, the two

commonest nutrient limiting ones are nitrogen and phosphorus (Larsdotter, 2006).

The presence of nitrogen in wastewater discharge can be undesirable because it has

ecological impacts and also affect public health.

PHOSPHORUS- phosphorus input to waters is higher than it can be

assimilated by a population of living organisms, the problem of excess

phosphorus content occurs (Rybicki, 1997). Since phosphate is the

limiting component for growth in most ecosystems and emission of

phosphate in surface waters leads to eutrophication and algae bloom,

thus having negative impacts on nature conservation, recreation and

drinking water production, it is necessary to control the emission of

phosphates from discharges of wastewater (van Larsdrecht, 2005).

Algal blooms can also be aesthetically undesirable, alter the native

composition and species diversity of aquatic communities, impair

recreational values of surface waters, impede commercial fishing and

pose problems for water treatment. When deprived of oxygen, fishes

and other aquatic organisms die, emitting foul odours.6

B. HEALTH IMPACT

5 2011 3rd International Conference on Chemical, Biological and Environmental Engineering IPCBEE vol.20 (2011) © (2011) IACSIT Press, Singapore 6 ibid

Effluent, as one of the major causes of pollution in bodies of water, causes

bacteria, viruses, and protozoa to grow into the bodies of water receiving the

sewage.

Diseases caused by bacteria, viruses and protozoa are the most

common health hazards associated with untreated drinking and

recreational waters. Contaminated water is a vehicle for several

waterborne diseases, such as cholera, typhoid fever, shigellosis,

salmonellosis, campylobacteriosis, giardiasis, cryptosporidiosis and

Hepatitis A (WHO, 2004). Also, many microbial pathogens in

wastewater can also cause chronic diseases with costly long-term

effects, such as degenerative heart disease and stomach ulcer.

Protozoa are the most common health hazards associated with

untreated drinking and recreational waters;7

Bacteria causes a wide range of infections, such as diarrhea,

dysentery, skin and tissue infections, etc.; 8

Drinking water with high nitrate content often causes

methemoglobinemia (blue-baby disease) in infants;9

the presence of nitrogen and phosphorus in fresh water can also

create environmental conditions that favour the growth of toxin-

producing cyanobacteria and algae. The resulting toxins can cause

gastroenteritis, liver damage, nervous system impairment and skin

irritation; 10

Eutrophication (algal blooms) of water sources may also create

environmental conditions that favour the growth of toxin-producing

cyanobacteria. Chronic exposure to such toxins produced by these

organisms can cause gastroenteritis, liver damage, nervous system

impairment, skin irritation and liver cancer in animals (WHO, 2006).11

7 Supra, note 4 8 ibid 9 id10 id 11 Supra , note 4

Clearly, the proven effects of effluent to humans (skin

irritation/infection/disease) would somehow establish Soft-Ade Company’s liability

over the populace of Barangay Masikip. It is worthy to note that the sewage canal

where the company discharged its wastewater leads to Amila River, some 500

meters away and near the said barangay.

The Amila River, as can be gleaned from the case, is an unclassified body of

water. The Department of Environment and Natural Resources is the authorized

agency to classify12 any body of water according to its beneficial use.13

12 DENR Administrative Order No. 34, Series of 1990 (REVISED WATER USAGE AND CLASSIFICATION/WATER QUALITY CRITERIA AMENDING SECTION NOS. 68 AND 69, CHAPTER III OF THE 1978 NPCC RULES AND REGULATIONS) provides that:

Section 68. Water Usage and Classification. - The quality of Philippine waters shall be maintained in a safe and satisfactory condition according to their best usages. For this purpose, all waters shall be classified according to thefollowing beneficial usages:?

(a) Fresh Surface Waters (rivers, lakes, reservoirs, etc.)

Classification Beneficial Use

Class AA Public Water Supply Class I. This class is intended primarily for waters having

watersheds which are uninhabited and otherwise protected and which require only approved disinfection in order to meet the National Standards for Drinking Water (NSDW) of the Philippines.

Class A Public Water Supply Class II. For sources of water supply that will require complete treatment (coagulation, sedimentation, filtration and disinfection) in order to meet the NSDW.

Class B Recreational Water Class I. For primary contact recreation such as bathing, swimming, skin diving, etc. (particularly those designated for tourism purposes).

Class C 1) Fishery Water for the propagation and growth of

fish and other aquatic resources;2) Recreational Water Class II (Boatings, etc.)3) Industrial Water Supply Class I (For manufacturing

processes after treatment).Class D

1) For agriculture, irrigation, livestock watering, etc.2) Industrial Water Supply Class II (e.g. cooling, etc.)3) Other inland waters, by their quality, belong to this

classification.

13 In general, this refers to current best beneficial use that is expected to last, at least, for the next 10 to 20 years. In special cases when dictated by political, economic, social, public health, environmental and other considerations, certain waters may be classified accordingto the intended or future beneficial use (e.g. Pasig River, Tullahan-Tenejeros, etc.)

But the question is, is this enough to make them liable despite their claim

that they discharge sewage into the sewage canal, just like what the other

companies do, and not into any bodies of water? Or are there any violations the

company commit that give rise to this problem?

IV VIOLATIONS COMMITTED BY SOFT-ADE COMPANY

The Department of Environment and Natural Resources (DENR) issued

Administrative Order No. 35 Series of 1990 otherwise known as Revised Effluent

Regulations of 1990 which revised the Effluent Regulations of 1982 pursuant to the

provisions of Section 6 (i) of Presidential Decree No. 984, otherwise known as the

"Pollution Control Decree of 1976" (repealed by Republic Act 9275 otherwise known

as Philippine Clean Water Act of 2004), and by virtue of Executive Order No. 192,

Series of 1987. It set rules and regulations that must be applied to all industrial and

municipal wastewater effluents. Section 6 of the said AO provides:

Section 5. Conventional and Other Pollutants Affecting Aesthetics and Oxygen Demand. - Effluents   from   domestic   sewage   and industrial wastewater treatment plants not covered under   Section   6   of   these   Regulations,   when discharged into receiving waters classified as Class A,  B,  C,  D,  SA,  SB,  SC,  and SD  in  accordance with Section 68, as amended, of the 1978 NPCC Rules and Regulations   shall   not   contain   the   following pollutants   in   concentrations   greater   than   those indicated in Tables 2A and 2B.

TABLE 2A - Effluent Standards: Conventional and Other Pollutants in Protected

Waters

Category I and II and in Inland Waters Class Ca

Parameter

Unit

Protected Waters Inland WatersCategory I Category II

(Class AA & SA)

(Class A, B & SB) Class C

OEI NPI OEI NPI OEI NPIColor PCU b b 150 100 200c 150c

Temperature(max rise in deg.Celsius in RBW)

oC rise

b

b

3

3

3

3

pH (range) b b 6.0-9.0 6.0-9.0 6.0-9.0 6.5-9.0

COD Mg/L b b 100 60 150 100

Settleable Solids(1-hour)

Mg/L b b 0.3 0.3 0.5 0.5

5-Day 20 oC BOD Mg/L b b 50 30 80 50

Total SuspendedSolids

Mg/L b b 70 50 90 70

Total DissolvedSolids

Mg/L b b 1,200 1,000 - -

Surfactants (MBAS) Mg/L b b 5.0 2.0 7.0 5.0

Oil/Grease (Petroleum Ether Extract)

Mg/L b b 5.0 5.0 10.0 5.0

Phenolic Substancesas Phenols

Mg/L b b 0.1 0.05 0.5 0.1

Total Coliforms MPN/100mL b b 5,000 3,000 15,000 10,000

TABLE 2B - Effluents Standards: Conventional and Other Pollutants in Inland

Waters Class D,

Coastal Waters Class SC and SD and other Coastal Waters not yet Classified)

Parameter

Unit

Inland Waters Coastal Waters Class SD & OtherCoastal Waters

(Class D) (Class SC) Not ClassifiedOEI NPI OEI NPI OEI NPI

Color PCU --- --- c c c

Temperature(max. rise in deg.Celsius in RBW)

oC rise 3 3 3 3 3 3

pH (range) 5.0-9.0 6.0-9.0 6.0-9.0 6.0-9.0 5.0-9.0 5.0-9.0

COD mg/L 250 200 250 200 300 200

5-Day 20 oC BOD mg/L 150 120 120d 100 150d 120

Total Suspended Solids

mg/L 200 150 200 150 g f

Total Dissolved Solids mg/L 2,000h 1,500h - - - -

Surfactants (MBAS) mg/L - - 15 10 - -

Oil/Grease (PetroleumEther Extract)

mg/L - - 15 10 15 15

Phenolic Substancesas Phenols

mg/L - - 1.0i 0.5i 5.0 1.0

Total Coliforms MPN/100mL j j - - - -

From the aforementioned facts, when the DENR took samples of the effluent

coming from the plant of the Soft-Ade Company, when examined it failed the

standards set by the Revised Effluent Regulations of 1990 thus, a clear violation of

the above-quoted section.

It was also discovered that the said company did not secure another

Environmental Compliance Certificate, which is one of the essential requisites for the

issuance of waterwaste discharge permit,14 for the expansion of its wastewater

treatment facility. The ECC is a document issued by the DENR/ Environmental

Management Bureaus (EMB) certifying that based on the representations of the

proponent, the proposed project or undertaking will not cause significant negative

environmental impact. The ECC also certifies that the proponent has complied with

all the requirements of the Environmental Impact Statement System and has

committed to implement its approved Environmental Management Plan. The ECC

contains specific measures and conditions that the project proponent has to

undertake before and during the operation of a project, and in some cases, during

the project's abandonment phase to mitigate identified environmental impacts.15

14 Article II, Section (5) of the DENR Administrative Order No. 39, Series of 2003 15 Section 3(d) of the DENR Administrative Order No. 2003- 30 (Implementing Rules and

Regulations (IRR) for the Philippine Environmental Impact Statement (EIS) System)

The company’s non-compliance was tantamount to non-issuance of

wastewater discharge permit by the Regional Office of the DENR. As a result

thereof, it is not given a privilege to discharge its wastewater into the environment.

Its contention that it did not discharge sewage into any bodies of water but into the

sewage canal leading to Amila River, just like what the other companies do has no

bearing because the company’s mere discharging of sewage, whether into the

sewage canal or not, is a clear violation committed by the company.

In addition, Soft-Ade Company’s continuous discharging of its waste into a

sewage canal despite its failure to secure ECC for the expansion of its wastewater

treatment facility is a clear violation of Republic Act 9275 otherwise known as

Philippine Clean Water Act of 2004 which provides that:

SECTION 27. Prohibited Acts. - The following acts are hereby prohibited:

Xxx xxx xxx

c) Operating facilities that discharge regulated water pollutants without the valid required permits or after the permit was revoked for any violation of any condition therein;

xxx xxx xx

h) Undertaking activities or development and expansion of projects, or operating wastewater/sewerage facilities in violation of Presidential Decree. No.1586 and its implementing rules, and regulations;

i) Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act or after the permit was revoked for any violation of condition therein;

Clearly, the increase in volume or strength of the Soft-Ade Company’s wastes

was the reason why it expanded its wastewater treatment facility.16 Mere extension

or modification of its WTF requires permit from the DENR, which the company failed 16 A wastewater treatment plant (WWTP) or wastewater treatment works is an industrial

structure designed to remove biological or chemical waste products from water, thereby permitting the treated water to be used for other purposes. Functions of wastewater treatment plants include:

1. Agricultural wastewater treatment – treatment and disposal of liquid animal waste, pesticide residues etc. from agriculture.

2. Sewage treatment – treatment and disposal of human waste, and other household waste liquid from toilets, baths, showers, kitchens, and sinks.

to do, to see whether the company complied with the requirements set forth by the

Commission. Their intention might be good but it would not exempt them from

violating the clear and unequivocal prohibitions of the above-cited provision. It is,

indeed, an essential requirement before any entity may be allowed to dispose its

waste into the environment.

Also, this might also be the reason why when the DENR took samples of

effluent from the WTF of Soft-Ade, it failed because it could neither treat nor remove

biological or chemical waste products from water. The untreated waste of the

company was discharged into a sewage canal leading to Amila River near Barangay

Masikip where incidence of skin disease increased.

V CONCLUSION:

We, therefore, conclude that Soft-Ade Company should be held liable for the

illegal discharge of effluent and to the incidence of skin disease it being a

consequence of their violations and non-compliance with what the law required of

them.

VI ASSESSMENT/EVALUATION AS TO THE PREFOMANCE OF THE DIFFERENT AGENCIES REQUIRED TO PRESERVE AND CONSERVE WATER RESOURCES

VI-A DIFFERENT AGENCIES AND THEIR MANDATES:

1. NATIONAL ECONOMIC DEVELOPMENT AUTHORITY- formulation of

general policies concerning the water and sanitation sector

2. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES- lead

ministry for implementing water sector legislation17

3. NATIONAL WATER RESOURCES BOARD-under the DENR is responsible for

water resources management.

3. Industrial wastewater treatment – the treatment of wet wastes from manufacturing industry and commerce including mining, quarrying and heavy industries.

(http://en.wikipedia.org/wiki/Wastewater_treatment_plant_

17 Asian Development Bank; Asia-Pacific Water Forum (2007). Country Paper Philippines. Asian Water Development Outlook 2007

4. NATIONAL POLLUTION CONTROL COMMISSION- To issue standards,

rules and regulations to govern city and district engineers in the approval

of plans and specifications for sewage works and industrial wastes

disposal systems and in the issuance of permits in accordance with the

provisions of this Act, and to inspect the construction and maintenance of

sewage works and industrial wastes disposal system for compliance of the

approved plans.

5. DEPARTMENT OF AGRICULTURE - shall develop guidelines for reuse of

wastewater for irrigation purposes or as soil conditioner or fertilizer;

together with PCG shall enforce water quality standards in marine waters.

6. PHILIPPINE COASTGUARD - shall enforce standards and regulations in

offshore areas including the discharge of wastewater in ships; together

with the DA, shall enforce water quality standards in marine waters.

7. DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH)- together

with DENR and LGU's shall prepare a national program on sewerage and

septage management.

8. DEPARTMENT OF HEALTH - shall provide specific health criteria and data

related to the promulgation, revision and enforcement of drinking water

quality standards.

9. METROPOLITAN WATERWORKS AND SEWERAGE SYSTEM(MWSS) and

LOCAL WATER UTILITIES AUTHORITY(LWUA) - shall contribute inputs

relative to the responsibilities of concessionaires and water districts in

sewerage, septage and sanitation management.

10. DEPARTMENT OF EDUCATION (Deped), COMMISSION ON HIGHER

EDUCATION (CHED), DEPARTMENT OF INTERIOR AND LOCAL

GOVERNMENTS (DILG) and the PHILIPPINES INFORMATION AGENCY

(PIA) - shall prepare and implement a comprehensive and continuing

public education and information program.

11. DEPARTMENT OF ENERGY - with the DENR shall formulate water quality

criteria and standards specifically for geothermal exploration that

encounters re-injection constraints, that provides adequate protection to

other users of water bodies downstream of the geothermal project.

12. DEPARTMENT OF SCIENCE AND TECHNOLOGY - with the DENR shall

prepare program for the evaluation, verification, development and public

dissemination of pollution prevention and cleaner production

technologies.

VI-B ASSESSMENT/EVALUATION:

To quote Merlin M. Magallona and Ben S. Malayang III in their study on

Environmental Governance in the Philippine, Change in Actors:

Participatory   approaches   in   resource assessment,   planning,   development,   and management  have  been  widely   introduced  among the   communities   in   the   Philippines.   However,   the capacity of the communities to execute the tasks is still wanting. But the trend is continuing.

Xxx xxx xx

The   government,   its   involvement   is anchored   on   its  interest   to   ensure   the   proper implementation   of   public   sector’s   interest   in environmental policy. That is, because its legitimacy and political sustainability rests on its ability to put credence   to   its   policy   intentions   and   to   deliver environmental management services to the general population.   On   the   other   hand,   civil   society   and other  private   sector  groups  have   interests   in  how environmental policies are implemented—thus, their interest   to   participate   in   implementing   them—because   the   policies   themselves   spell   different combinations of costs and benefits to them. Cleaner air and water, for example, may redound to lower private sector health and medical costs and prevent flooding  due   to  deforestation,  which  would  mean lower costs to communities in lives and property.

Multisectoral, multi-level and issue-centered environmental   governance   in   the   Philippines   has resulted in the complementation of government and civil   society  resources  to  implement environmental policies in the country. While in general, government tends   to   have   the   larger   pool   of   resources   to implement   policies—supported   as   it   were   by taxation and foreign aid—they are hardly sufficient in light of the severity of the environmental problems of the country on its environment and natural resources which had accumulated over the

years, from colonial to present times. The ability of government to increase its resources for implementing environmental policies does not match the rate by which the problems have worsened over time. Thus, the efforts of the private sector and of civil society, although by themselves tend to be limited as well, go a long way toward adding to what government can do. For this reason, the participation of the private sector and of non-governmental   institutions   in   implementing environmental policies in the Philippines is beneficial over-all   toward   improving   the   effectiveness   of environmental policy implementation in the country, even   if   the   fusion   of   their   efforts   with   the government’s is not always convenient to either or both   the   bureaucracy,   local   communities   or   civil society (Malayang, 1998).

Indeed, our government, as well as the above-cited government agencies,

tasked to conserve and protect our natural resources, in our case the water

resources, exerts so much effort to effectively and efficiently implement their

environmental policies. However, it seems that these efforts are not enough to reach

this goal- available clean water for everyone. As what the author mentioned, the

ability of the government to increase its resources of implementing environmental

policies does not match the severity of environmental problems of the country on its

environment and natural resources.