The Philippine Clean Water Act

(RA 9275)

Agustin, Cabulay, Calising & Fabre

 Discussions:

1. The Philippine Clean Water Act (RA 9275);

2. Management of Non-Attainment Areas;
Domestic Sewage Collection, Treatment and Disposal
3. The Pollution Adjudication Board (PAB)
i. Cease and Desist Order
ii. Temporary Lifting Order
iii. Arbitration
iv. Adjudication of pollution cases generally pertains
to PAB unless a special law provides for another forum
WHY THE NEED FOR THE CLEAN WATER ACT?
Why the need for the Clean Water Act?

 Low sewerage coverage

 Degradation of water quality from domestic wastes
 Spread of waterborne diseases
 Decline in fish production
Indiscriminate disposal of wastewater is one of the
main reasons for degradation of water quality
Spread of Waterborne Diseases in 2000s

In 1996-2000, 31% of illnesses were from waterborne diseases;

gastroenteritis, diarrhea, typhoid, cholera, dysentery, and hepatitis.
Decline in Fish Production

Fish kills as a result of increase in BOD levels, sedimentation and silt

pollution 70% of bangus sold in Metro Manila is from Laguna Lake.
THE PHILIPPINE CLEAN WATER ACT OF 2004

March 22, 2004

AN ACT PROVIDING FOR A COMPREHENSIVE
WATER QUALITY MANAGEMENT AND FOR
OTHER PURPOSES
The Philippine Clean Water Act (RA 9275)

SECTION 2. Declaration of Policy. - The State shall pursue a

policy of economic growth in a manner consistent with the
protection, preservation and revival of the quality of our fresh,
brackish and marine waters.
The Philippine Clean Water Act (RA 9275)

policy of economic growth

The Philippine Clean Water Act (RA 9275)

fresh, brackish and marine waters

The Philippine Clean Water Act (RA 9275)
- State Policies

a) To streamline processes
and procedures in the
prevention, control and
abatement of pollution
of the country's water
resources;
 The Philippine Clean Water Act (RA 9275)
- State Policies

b) To promote environmental
strategies, use of appropriate
economic instruments and of
control mechanisms for the
protection of water
resources;
 The Philippine Clean Water Act (RA 9275)
- State Policies

c) To formulate a holistic national

program of water quality
management that recognizes
that water quality management
issues cannot be separated from
concerns about water sources
and ecological protection, water
supply, public health and quality
of life;
The Philippine Clean Water Act (RA 9275)
- State Policies

d) To formulate an integrated
water quality management
framework through proper
delegation and effective
coordination of functions
and activities;
The Philippine Clean Water Act (RA 9275)
- State Policies

e) To promote commercial
and industrial processes
and products that are
environment friendly
and energy efficient;
 The Philippine Clean Water Act (RA 9275)
- State Policies

f) To encourage cooperation and self-

regulation among citizens and
industries through the application
of incentives and market-based
instruments and to promote the
role of private industrial
enterprises in shaping its
regulatory profile within the
acceptable boundaries of public
health and environment;
The Philippine Clean Water Act (RA 9275)
- State Policies

g) To provide for a comprehensive

management program for
water pollution focusing on
pollution prevention;
 The Philippine Clean Water Act (RA 9275)
- State Policies

h) To promote public information

and education and to encourage
the participation of an informed
and active public in water quality
management and monitoring;
 The Philippine Clean Water Act (RA 9275)
- State Policies

i) To formulate and enforce a

system of accountability for
short and long-term adverse
environmental impact of a
project, program or activity;
and
 The Philippine Clean Water Act (RA 9275)
- State Policies

j) To encourage civil society and

other sectors, particularly
labor, the academe and
business undertaking
environment-related activities
in their efforts to organize,
educate and motivate the
people in addressing pertinent
environmental issues and
problems at the local and
national levels.
The Philippine Clean Water Act (RA 9275)

SECTION 3. Coverage of the Act. - This Act shall apply to water

quality management in all water bodies: Provided, That it shall
primarily apply to the abatement and control of pollution from
land based sources: Provided, further, That the water quality
standards and regulations and the civil liability and penal
provisions under this Act shall be enforced irrespective of sources
of pollution.
WATER QUALITY MANAGEMENT SYSTEM

 Management of Non-
Attainment Area
 Domestic Sewage
Collection, Treatment
and Disposal
Management of Non-attainment Areas

• SECTION 6. Management of Non-attainment Areas. - The

Department shall designate water bodies, or portions thereof, where
specific pollutants from either natural or man-made source have
already exceeded water quality guidelines as non-attainment areas
for the exceeded pollutants. It shall prepare and implement a
program that will not allow new sources of exceeded water pollutant
in non-attainment areas without a corresponding reduction in
discharges from existing sources;
Management of Non-attainment Areas

 Provided, That if the pollutant is naturally occurring, e.g. naturally

high boron and other elements in geothermal areas, discharge of
such pollutant may be allowed;

 Provided, further, That the effluent concentration of discharge shall

not exceed the naturally occurring level of such pollutant in the area;

 Provided, Finally, That the effluent concentration and volume of

discharge shall not adversely affect water supply, public health and
ecological protection.
 Management of Non-attainment Areas

 The Department shall, in coordination with

NWRB, Department of Health (DOH),
Department of Agriculture (DA), governing
board and other concerned government
agencies and private sectors shall take such
measures as may be necessary to upgrade the
quality of such water in non-attainment areas
to meet the standards under which it has been
classified.
 Management of Non-attainment Areas

 Upgrading of water quality shall

likewise include undertakings,
which shall improve the water
quality of a water body to a
classification that will meet its
projected or potential use.
 Management of Non-attainment Areas

 The LGUs shall prepare and

implement contingency plans
and other measures including
relocation, whenever
necessary, for the protection
of health and welfare of the
residents within potentially
affected areas.
Domestic Sewage Collection, Treatment and Disposal

SECTION 8. Domestic Sewage Collection, Treatment and Disposal. - Within five (5)
years following the effectivity of this Act, the Agency vested to provide water supply
and sewerage facilities and/or concessionaires in Metro Manila and other highly
urbanized cities (HUCs) as defined in Republic Act No. 7160, in coordination with
LGUs, shall be required to connect the 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. Provided, That
the said connection shall be subject to sewerage services charge/fees in accordance
with existing laws, rules or regulations unless the sources had already utilized their
own sewerage system: Provided, further, That all sources of sewage and septage shall
comply with the requirements herein.
Domestic Sewage Collection, Treatment and Disposal

 In areas not considered as HUCs,

the DPWH in coordination with
the Department, DOH and other
concerned agencies, shall employ
septage or combined sewerage-
septage management system.
 Domestic Sewage Collection, Treatment and Disposal

 The DOH, in coordination with other

government agencies, shall formulate
guidelines and standards for the
collection, treatment and disposal of
sewage including guidelines for the
establishment and operation of
centralized sewage treatment system
Sanitation Code of the Philippines (P.D. 856)

CHAPTER XVII
SEWAGE COLLECTION AND DISPOSAL, EXCRETA DISPOSAL AND DRAINAGE

a) Public sewerage system

b) Septic tank
c) House sewer
d) Septic tank absorption bed or
drain field
Sanitation Code of the Philippines (P.D. 856)

CHAPTER XVII
SEWAGE COLLECTION AND DISPOSAL, EXCRETA DISPOSAL AND DRAINAGE

a) Operation of Sewage Treatment Works Private or public sewerage systems

b) Septic tanks
c) Disposal of Septic Tank Effluent
d) Determination of Septic Tank Capacity
e) Drainage
Department of Environment and Natural Resources
Environmental Management Bureau
THE POLLUTION ADJUDICATION BOARD
The Pollution Adjudication Board

• The Pollution Adjudication Board (PAB) is a quasi-judicial body created under

Section 19 of Executive Order (E.O.) 192 for the adjudication of pollution
cases.
• The PAB is organizationally under the supervision of the Office of the
Secretary of the Department of Environment and Natural Resources (the
DENR) with Secretariat support provided by the Environmental Management
Bureau (EMB).
The Pollution Adjudication Board

The Board is composed of:

• the Secretary as Chairman
• two (2) Undersecretaries as maybe designated by the Secretary,
the Director of the Environmental Management, and
• three (3) or more to be designated by the Secretary as members
The Pollution Adjudication Board
• Board Chairman:
• Board Members:
USec. / Chief of Staff Rodolfo C. Garcia
USec. Atty. Jonas R. Leones
USec. Atty. Ernesto D. Adobo Jr.
Director Engr. Metodio U. Turbella
OIC Asst. Dir. Engr. Vizminda A. Osorio
• Board Secretary and Legal Counsel:
• Deputy Board Secretary:
Sec. Roy A. Cimatu
Jonathan Dela Cruz
Head Exec. Asst. Mario F. Chan
USec. Atty. Juan Miguel Cuna
Demetrio L. Ignacio
Atty. Janice C. Regoso
Engr. Teresita A. Peralta
REVISED RULES OF THE POLLUTION ADJUDICATION
BOARD (PAB) ON PLEADING, PRACTICE AND
PROCEDURE IN POLLUTION CASES
CEASE AND DESIST ORDER

• Whenever the Board finds prima facie

evidence that the emission or discharge
of pollutants constitutes an immediate
threat to life, public health, safety or
welfare, or to animal or plant life, or
exceeds the allowable DENR Standards -
• the Board may issue or recommend to
the DENR Secretary an ex-parte order
directing the discontinuance or the
temporary suspension or cessation of
operation of the establishment, without
need of a prior public hearing.
CEASE AND DESIST ORDER

• The Cease and Desist Order

(CDO) shall be immediately
executory and shall remain in
force and effect until modified or
lifted by the Board or the DENR
Secretary.
CEASE AND DESIST ORDER
AGAINST WHOM IT IS ISSUED?

• A CDO shall be issued against the

respondent immediately
directing it to stop or refrain
from doing, conducting an act or
continuing a particular activity or
course of action in violation of
environmental laws
REMEDY OF THE RESPONDENT

• The respondent may contest the

order by filing a motion to lift the
order with the Board, with proof
of service of copies thereof to
the Regional Office and the other
parties.
 IMPLEMENTATION OF CDO

• The Regional Director or his duly authorized

representative shall implement or cause the
implementation of the Cease and Desist
Order no later than seventy-two (72) hours
from receipt thereof.
• Submission of a report within forty-eight (48)
hours after the completion of the
implementation;
• Should the CDO be implemented beyond
seventy-two (72) hours or cannot be
implemented, the Regional Director shall
submit a written report stating therein the
causes of delay or non-execution.
 TEMPORARY LIFTING ORDER

• Upon Motion of the respondent, the Board may

issue or in case of violation under CWA,
recommend to the Secretary the issuance of a TLO
after a satisfactory showing of respondent’s
compliance with the conditions provided in the
CDO.
• The TLO shall have the effect of provisionally
setting aside the CDO and allow the limited
operations to be determined by the Board.
• A TLO may only be issued for the purpose of
implementing a pollution control program or for
the purpose of conducting a sampling and or
payment of fines.
 REQUIREMENTS FOR THE ISSUANCE OF A
TEMPORARY LIFTING ORDER

(a) In TLOs for the implementation of comprehensive

pollution control programs:
(1) The proposal containing the comprehensive PCP;
(2) A surety bond equivalent to twenty-five percent (25%)
of the total cost of the pollution control program; and
(3) A detailed description of the interim remedial
measures;
(4) Proof of the employment of a pollution control officer
duly accredited by the DENR pursuant to DAO No. 26, Series
of 1992;
(5) A notarized undertaking to comply with the conditions
imposed by the Board, signed by the respondent; and
(6) A written commitment to comply with such other
conditions that the Board may deem appropriate under the
circumstances.
 REQUIREMENTS FOR THE ISSUANCE OF A
TEMPORARY LIFTING ORDER

(b) In TLOs for sampling purposes:

(1) Proof of the employment of a pollution control
officer duly accredited by the DENR pursuant to DAO
No. 26, Series of 1992;
(2) A notarized undertaking to comply with the
conditions imposed by the Board, signed by the
respondent;
(3) Where a commitment to undertake a PCP was made
by the respondent during the Technical Conference, a
certification from the Regional Officethat such a PCP has
been fully completed or implemented; and
(4) A written commitment to comply with such other
conditions that the Board may deem appropriate under
the circumstances.
 WEEKLY PROGRESS REPORT REQUIRED

• Where a TLO is issued for the purpose of

implementing pollution control programs, the
Respondent shall be required to submit weekly
progress reports indicating therein the latest
status of the construction or rehabilitation, the
percentage of work completed, and the
proposed date of sampling.
• Failure to submit the progress reports shall be a
ground for the revocation of the TLO issued.
 PERIOD OF THE TLO

• Upon the lapse of the period specified in

the TLO or failure to submit the progress
reports, the Cease and Desist Order (CDO)
shall automatically resume its effectivity,
without prejudice to the filling by
respondent of a Motion for the extension
of the TLO before the lapse of the said
period.
• A motion for the extension of the period
specified in the TLO may be filed with the
Board at least fifteen (15) days before its
expiration.
 ARBITRATION

ARBITRATION - Any claim for reparation or

restitution of damages and losses resulting
from the pollution of water, air or land
resources may be brought before the Board
or the Regional Office for voluntary
arbitration.
 ARBITRATION PROCEEDINGS

PROCEEDINGS - A summary of the

arbitration proceedings, and any
settlement arrived at, shall be reduced to
writing, duly attested by the Board
Secretary or Hearing Officer.
 ARBITRATION PROCEEDINGS

ASSISTANCE OF EXPERTS - Upon motion of

either party or at the discretion of the
Board or Hearing Officer, the assistance of
experts may be sought on any technical
matter or issue material to the subject of
the proceedings.
 ARBITRATION PROCEEDINGS

ELEVATION OF CASE TO THE BOARD - In case

the parties to any arbitration proceedings at
the level of the Regional Office fail to arrive at
an amicable settlement of the case, the
Hearing Officer shall, within fifteen (15) days
from the termination of the proceedings,
forward the entire records of the case,
together with his certified report and
recommendation, to the Board for final
resolution.
 ARBITRATION PROCEEDINGS

FINALITY OF AN AWARD OR RESOLUTION

- An award or resolution in any case
submitted for arbitration shall become
final and executory fifteen (15) days after
receipt of the award or resolution by the
parties.
 ARBITRATION PROCEEDINGS

EXECUTION OF AWARD OR RESOLUTIONS

- Awards or resolutions of the Board in
arbitration proceedings shall be enforced
and executed in the same manner as
orders, resolutions and decisions of the
Board.
 ARBITRATION PROCEEDINGS

ARBITRATION AWARD MADE IN FAVOR

OF PRIVATE PARTIES. Any payments made
in favor of private parties in satisfaction of
any liability for loss or damages shall be
without prejudice to the imposition by the
Board of the appropriate fines and
penalties pursuant to applicable laws,
rules or orders.
 ADJUDICATION OF POLLUTION CASES

Adjudication of pollution cases generally

pertains to PAB unless a special law
provides for another forum
Department of Environment and Natural Resources
Environmental Management Bureau
THE POLLUTION ADJUDICATION BOARD
THANK YOU!