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What you should know about the Clean Water Act

Why the need for the Clean Water Act?

As early as 1996, monitoring of the countrys rivers showed that only 51% of theclassified rivers still met the standards for their most beneficial use. The rest were

already polluted from domestic, industrial and agricultural sources.

Most studies point to the fact that domestic wastewater is the principal cause of

organic pollution (at 48%) of our water bodies. Yet, only 3% of investments in watersupply and sanitation were going to sanitation and sewage treatment.

A recent World Bank report pointed out that Metro Manila was second to the lowestin sewer connections among major cities in Asia and less than 7% compared to 20%

for Katmandu, Nepal and 30% for Dhaka, Bangladesh.

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.

What is the Clean Water Act?

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 and

commercial establishments, agriculture and community/household activities). Itprovides for a comprehensive and integrated strategy to prevent and minimize

pollution through a multi-sectoral and participatory approach involving all thestakeholders.

Highlights of the Clean Water Act

How will water quality be managed?

Management of water quality will either be based on watershed, river basin or water

resources region. 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 incoordination with the National Water Resources Board (NWRB).

Who will manage these areas?

Management will be localized. Multi-sectoral governing boards will be established to

manage water quality issues within their jurisdiction.

Who are the members of the Governing Boards?

Governing Boards shall be composed of representatives of mayors and governors aswell as local government units, representatives of relevant national government

agencies, duly registered non-government organizations, the concerned water utilitysector and the business sector.

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What safeguards are provided for?

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.

What are the prohibited acts under R.A. 9275?

Among others, the Act prohibits the following: Discharging or depositing any water pollutant to the water body, or such which will

impede natural flow in the water body 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 pollutantslisted under Toxic Chemicals, Hazardous and NuclearWastes Control Act (Republic.Act No. 6969)

Discharging regulated water pollutants without the valid required discharge permitpursuant 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 thewater supply in such a way to alter or impair the water quality

Operate facilities that discharge or allow to seep, willfully or through gravenegligence, prohibited chemicals, substances, or pollutantslisted 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.

What are the fines and penalties imposed on polluters?

The following are among the fines and penalties for violators of this Act and its IRR:

Upon the recommendation of the Pollution Adjudication Board (PAB), anyone whocommits 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 10,000but not more than Php 200,000.

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 ofnot 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 toirreversible 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

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than 12 years and a fine of Php 500,000/day for each day the contamination oromission continues.

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 alsobe filed.

Who should implement the Clean Water Act?

The DENR is the primary government agency responsible for the implementation andenforcement of this Act, with the support of other government organizations, local

government units, non -government organizations and the private sector.

Towards this end, the DENR will review and set affluent standards, review and

enforce water quality guidelines, classify groundwater sources and prepare a nationalgroundwater vulnerability map, classify or reclassify water bodies, establish

internationally accepted procedures for sampling and analysis, prepare an integratedwater quality management framework and subsequently prepare 10-year

management plans for each water management area.

The roles of other key government agencies are:

The Philippine Coast Guard shall enforce water quality standards in marine waters,specifically from offshore sources.

The Department of Public Works and Highways through its attached agencies shallprovide sewerage and sanitation facilities, and the efficient and safe collection,

treatment and disposal of sewage within their area of jurisdiction. The Department of Agriculture shall formulate guidelines for the re-use of

wastewater for irrigation and other agricultural uses and for the prevention, controland abatement of pollution from agricultural and aquaculture activities.

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

The Department of Science and Technology shall evaluate, verify, develop anddisseminate pollution prevention and cleaner production technologies.

The Department of Education, Commission on Higher Education, Department ofInterior and Local Government, and the Philippine Information Agency shall prepare

and implement a comprehensive and continuing public education and informationprogram.

For queries, please contact:

The Water Quality Management Section

Environmental Management Bureau-DENR

Visayas Avenue, Quezon CityTelefax No. 920-22-73http://www.emb.gov.ph

Source: http://emb.gov.ph/eeid/cwa-english.htm

http://www.emb.gov.ph/http://emb.gov.ph/eeid/cwa-english.htmhttp://www.emb.gov.ph/http://www.emb.gov.ph/http://emb.gov.ph/eeid/cwa-english.htm