Clean Water ActRepublic Act. 9275

Abapo, DayleArcenal, Koya BryansVinalon, Christian Duanes

AN ACT PROVIDING FOR COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR OTHER PURPOSES

Policy of the StateTo streamline processes and proceduresTo promote environmental strategiesTo formulate a holistic national program of water quality managementTo formulate an integrated water quality management frameworkpromote commercial and industrial processes and productsTo encourage cooperation and self-regulation among citizens and industriesTo provide for a comprehensive management program for water pollutionTo promote public information and education and to encourage the participationTo formulate and enforce a system of accountabilityTo encourage civil society and other sectors

WATER QUALITY MANAGEMENT SYSTEM

Water Quality Management AreaThe Department, in coordination with National Water Resources Board (NWRB), shall designate certain areas as water quality management areas using appropriate physiographic units.

The governing board shall formulate strategies to coordinate policies necessary for the effective implementation of this Act

A multi-sectoral group to establish and affect water quality surveillance and monitoring network.

Management of Non-attainment AreasThere is an implemented program that will not allow new sources of exceeded water pollutant in non-attainment areas without a corresponding reduction in discharges from existing sources.

National Sewerage and Septage Management ProgramThe Department of Public Works and Highways shall prepare a priority listing of sewerage, septage and combined sewerage septage projects for LGUs

Domestic Sewage Collection, Treatment and DisposalThe Agency vested to provide water supply and sewerage facilities and/or concessionaires in Metro Manila and other highly urbanized cities shall be required to connect the existing sewage line. In areas not considered, a septage or combined sewerage-septage management system shall be employ. Such guidelines and standards are formulated.

National Water Quality Management FundFunds are used to finance the following:Finance containment and clean-up operationsGuarantee restoration of ecosystems and rehabilitation of affected areas;Support research, enforcement and monitoring activities;Provide technical assistance to the implementing agencies;Grant rewards and incentives;Support information and educational campaign; andDisbursements

The Area Water Quality Management FundEstablished for maintenance and upkeep of the water bodies in a water quality management area.

Water Quality Variance for Geothermal and Oil and Gas ExplorationProvides variance in water quality criteria and standards.

WATER POLLUTION PERMITS AND CHARGES

Wastewater Charge SystemThe department shall implement a wastewater charge system in all management areas.

considerations:To provide strong economic inducementTo cover the cost of administering water quality managementReflect damages caused by water pollutionType of pollutantClassification of the receiving water bodyOther special attributes of the water body

Discharge PermitsThe Department shall require owners or operators of facilities that discharge regulated to secure a permit to discharge. The discharge permit shall be the legal authorization granted by the Department to discharge wastewater.

FINANCIAL LIABILITY MECHANISM

Financial Liability for Environmental RehabilitationThe Department shall require program and project proponents to put up environmental guarantee fund as part of the environmental management plan attached to the environmental compliance certificate and its implementing rules and regulations.

Clean-Up OperationsAny person who causes pollution in or pollutes water bodies in excess of the applicable and prevailing standards shall be responsible to contain, remove and clean-up any pollution incident at his own expense to the extent that the same water bodies have been rendered unfit for utilization and beneficial use.

Programmatic Environmental Impact Assessment

Types of development:development consisting of a series of similar projectsdevelopment consisting of several components or a cluster of projects co-located in an area

Environmental Impact Assessment System Programmatic Compliance with Water Quality StandardsThe Department may allow each regional industrial center to allocate effluent quotas to pollution sources.

INSTITUTIONAL MECHANISM

Lead AgencyFunctions, powers and responsibilities:Prepare a National Water Quality Status ReportPrepare an Integrated Water Quality Management FrameworkPrepare 10 year Water Quality Management Area Action PlanPrepare and publish a national a national groundwater vulnerability mapEnforce, review and revise the water quality guidelinesReview and set effluent standardsEstablish internationally accepted procedurescategorize point and non-point sources of water pollutionClassify groundwater sourcesClassify or reclassify all water bodies according to their beneficial usagesExercise jurisdiction over all aspects of water pollutionExercise supervision and control over all aspects of water quality managementEstablish a cooperative effort in partnershipDisseminate information and conduct educational awarenessPromote and encourage private and business sectors the use of water quality management systems equipmentReport to Congress the, quality status of water bodiesIssue rules and regulationsIssue orders and impose fines, penalties and other administrative sanctionsUndertake appropriate protocolIssue permits, clearances and similar instruments pursuant to this ActExercise such powers and perform such other functions

Role of Local Government UnitsShall share the responsibility in the management and improvement of water quality within their territorial jurisdictions.

Powers and functions:a) Monitoring of water qualityb) Emergency responsec) Compliance with the framework of the Water Quality Management Action Pland) To take active participation concerning water quality protection and rehabilitatione) To coordinate with other government agencies and civil society and the concerned sectors

Business and Industry Role in Environmental ManagementShall formulate appropriate incentives for the adoption procedures that will preserve and protect our water bodies through the introduction of innovative equipment and processes that reduce if totally eliminate discharge of pollutants into our water bodies.

Linkage MechanismShall coordinate and enter into agreement with other government agencies, industrial sector and other concerned sectors.

Functions:a) enforce for the enforcement of water quality standards in marine watersb) for the provision or sewerage and sanitation facilities and the efficient and safe collection, treatment and disposal of sewage within their area of jurisdictionc) formulate guidelines for the reuse of wastewater for irrigation and other agricultural uses and for the prevention, control and abatement of pollution from agricultural and aquaculture activitiesd) DOH shall be primarily responsible for the promulgation, revision and enforcement ofdrinking water quality standards;e) DOST shall prepare a program for the evaluation, verification, development and public disseminationof pollution prevention and cleaner production technologiesf) DepEd, CHED, DILG and PIA shall assist and coordinate with the Department

Requirement of Record-keeping, Authority for Entry to Premises and Access to DocumentsRequire any person who owns or operates any pollution source or who is subject to any requirement of this Act to submit reports and other written information.

Its authorized representatives, shall have the right to:enter any premisesinspect any pollutiontest any discharge.

Pollution Research and Development ProgramsA national research and development program for the prevention and control of water pollution was established.

INCENTIVES AND REWARDS SECTION

RewardsRewards, monetary or otherwise, shall be provided to individuals, private organization and entities, including civil society, that have undertaken outstanding and innovative projects, technologies, processes and techniques or activities in water quality management.

Incentives Scheme

A. Non-fiscal incentive1. Inclusion in the Investments Priority Plan

Fiscal IncentivesTax and Duty Exemption on Imported Capital Equipmentconditions:a) not manufactured domestically in sufficient quantity, of comparable quality and at reasonable pricesb) are reasonably needed and will be used actually, directly and exclusivelyc) Written endorsement by the DepartmentTax Credit on Domestic Capital Equipment.Tax and Duty Exemption of Donations, Legacies and Gifts

B. Financial Assistance ProgramGovernment financial institutions are allowed to extend financial services to LGUs, WDs, enterprises, or private entities engaged in sewage collection and treatment facilities.

C. Extension or Grants to LGUsCities and municipalities which shall establish or operate sewerage facilities may be entitled to receive grants for the purpose of developing technical capabilities.

CIVIL LIABILITY/PENAL PROVISIONS

Prohibited Acts:a) Discharging, depositing or causing to be deposited materialb) Discharging, injecting or allowing to seep into the soil or sub-soil any substancec) Operating facilities that discharge regulated water pollutants without the valid required permitsd) Disposal of potentially infectious medical waste into sea water by vesselse) Unauthorized transport or dumping into sea waters of sewage sludge or solid wastef) Transport, dumping or discharge of prohibited chemicals, substances or pollutantsg) Operate facilities that discharge prohibited chemicals, substances or pollutantsh) Undertaking activities or development and expansion of projects, or operating wastewateri) Discharging regulated water pollutants without the valid required discharge permitj) Non-compliance of the LGU with the Water Quality Framework and Management Area Action Plank) Refusal to allow entry, inspection and monitoring by the Departmentl) Refusal to allow access by the Department to relevant reports and recordsm) Refusal or failure to submit reports whenever required by the Departmentn) Refusal or failure to designate pollution control officers whenever required by the Departmento) Directly using booster pumps in the distribution system or tampering with the water supply

Fines, Damages and Penaltiesshall be fined by the Secretary

Gross violation:a) deliberate discharge of toxic pollutants identified pursuant to Republic Act No.6969 intoxic amounts;b) 5 or more violations within a period of 2 years; orc) blatant disregard of the orders of the PABAdministrative Sanctions Against Non-compliance with the Water Quality Management Area Action PlanLocal government officials concerned shall be subject to Administrative sanctions in case of failure to comply with their action plan.

ACTIONS

Administrative ActionThe Department shall institute administrative proceedings in the proper forum against any

person who violates:a) Standards or limitationsb) rule or regulation issued by the Department with respect to such standard or limitation.

FINAL PROVISIONS

Implementing Rules and RegulationsThe Department, in coordination with the Committees on Environment and Ecology of the Senate and the House of Representatives, and other concerned agencies shall promulgate the implementing rules and regulations.

Joint Congressional Oversight CommitteeA Joint Congressional Oversight Committee was formed to monitor the implementation and to review the implementing rules and regulations.

THANK YOU MGA KASAMA