Philippine Clean Water Act RA 9275

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PHILIPPINE CLEAN WATER ACT  The agency vested to provide water supply and

(Republic Act No. 9275) sewerage facilities and/or concessionaires shall


be required to connect the existing sewage line
THE PHILIPPINE CLEAN WATER ACT: found in all subdivisions, establishments, etc. to
available sewerage system.
1. Applies to water quality management in all water bodies,
but shall primarily govern the abatement and control of 2. Areas not considered as HUCs
pollution from land-based sources.  The DPWH in coordination with the Department
(DENR), DOH and other concerned agencies,
2. Aims to pursue a policy of economic growth in a manner shall employ septage or combined sewerage-
consistent with the protection, preservation, and revival of septage management system.
the quality of our fresh, brackish, and marine waters.
DISCHARGE PERMITS
DEFINITION OF TERMS:  The Department shall require owners or operators of
facilities that discharge regulated effluents pursuant to
1. Aquifer – a layer of water-bearing rock located secure a permit to discharge.
underground that transmits water in sufficient quantity to
supply pumping wells or natural springs.  The permit shall specify the quantity and quality of effluent
that said facilities are allowed to discharge into a particular
2. Aquatic life – all organisms living in freshwater, brackish water body, compliance schedule and monitoring
and marine environments. requirements.

3. Beneficial use – use of the environment or any element or CLEAN-UP OPERATIONS


segment thereof conducive to public or private welfare.  Any person who causes pollution in or pollutes water
Safety and health; and shall include, but not be limited to, bodies in excess of the applicable and prevailing standards
the use of water for domestic, municipal, irrigation, power shall be responsible to contain, remove, and clean-up any
generation, fisheries, livestock raising, industrial, pollution incident at his own expense.
recreational and other purposes.
 If emergency clean-up is necessary and the polluter fails to
4. Contamination – the introduction of substances not found undertake the same, the Department shall conduct the
in the natural composition of water that make the water less clean-up operations but shall be reimbursed by the person
desirable or unfit for intended use. who caused the pollution.
5. Discharge – the act of spilling, leaking, pumping, pouring, METRO MANILA DEVELOPMENT AUTHORITY vs.
emitting, emptying, releasing or dumping of any material CONCERNED RESIDENTS OF MANILA BAY (GR No.
into a water body or onto land from which it might flow or 171947, Dec. 18, 2008)
drain into said water.  Concerned government agencies are required to act even in
the absence of specific pollution incident.
6. Effluent – discharges from known source which is passed
into a body of water or land, or wastewater flowing out of a  Such agencies shall take measures as may be necessary to
manufacturing plants, industrial plant including domestic, meet the prescribed water quality standards.
commercial, and recreational facilities.
 The Court also noted mentioned that under extraordinary
7. Effluent standard – means any legal restriction or
circumstances, it (Court) may issue a writ of continuing
limitation on quantities, rates, and/or concentrations or any
mandamus to compel the agency to perform their duty. The
combination thereof, of physical, chemical or biological
MMDA’s duty in the area of solid waste disposal is set
parameters of effluent which a person or point source is
forth not only in the Environment Code (PD 1152) and RA
allowed to discharge into a body of water or land.
9003, but in its charter as well. This duty of putting up a
proper waste disposal system cannot be characterized as
WATER QUALITY MANAGEMENT AREA
discretionary.
 Designated by the Department (DENR), in coordination
with National Water Resources Board (NWRB). LAGUNA LAKE DEVELOPMENT AUTHORITY ACT (RA
No. 4850)
 Governed by a governing board composed of  LLDA is charged with the responsibility of protecting the
representatives of mayors and governors of member inhabitants from the deleterious effects of pollutants in the
LGUs, and representatives of relevant national government Laguna Lake area.
agencies, duly registered nongovernmental organization,
water utility sector, and business sector.
 The Act mandates the LLDA to carry out and make
effective the declared national policy of promoting and
MANAGEMENT OF NON-ATTAINMENT AREAS
accelerating the development and balanced growth of the
 The Department shall designate water bodies, or portions Laguna Lake area and its surrounding provinces.
thereof, where specific pollutants from either natural or
man-made source have already exceeded water quality DEPARTMENT OF ENVIRONMENT AND NATURAL
guidelines as non-attainment areas for the exceeded RESOURCES
pollutants.
 The primary government agency for the enforcement and
implementation of all aspects of water quality management.
DOMESTIC SEWERAGE COLLECTION, TREATMENT AND
DISPOSAL
 The Department is also tasked to prepare the following:
1. Metro Manila and other highly urbanized cities (HUCs)
1. National Water Quality Status Report;
2. Integrated Water Quality Management
Framework; and
3. Ten-year Water Quality Management Area
Action Plan.

POLLUTION ADJUDICATION BOARD (PAB)


 Agency generally charged with the determination and
resolution of pollution cases.

 It serves as the arbitrator for the determination of


reparation, or restitution of the damages and losses
resulting from pollution.

 PAB has the power to conduct hearings, impose penalties


for violation of PD No. 984, and issue writs of execution to
enforce its orders and decisions.

 Final decisions of PAB may be reviewed by the Court of


Appeals.

ROLE OF LOCAL GOVERNMENTS


 LGUs shall share the responsibility in the management and
improvement of water quality within their territorial
jurisdiction.

 Powers and functions of the LGUs:


1. Monitoring of water quality;
2. Emergency response;
3. Compliance with the framework of the
Water Quality Management Action Plan;
4. Take active participation in all efforts
concerning water quality protection and
rehabilitation; and
5. Coordinate with other government agencies
and civil society and the concerned sectors
in the implementation of measures to
prevent and control water pollution.
UNIVERSAL ROBINA CORPORATION vs. LAGUNA LAKE
DEVELOPMENT AUTHORITY (GR No. 191427, May 30, 2011)
 The Court underscored that the protection of the
environment, including bodies of water, is no less urgent or
vital than the pressing concerns of private enterprises, big
or small.

 Everyone must do their share to conserve the national


patrimony’s meager resources for the benefit of not only
this generation, but of those to follow.

ADMINISTRATIVE ACTION
 The Department shall institute administrative proceedings
in the proper forum against any person who violates:
1. Standards or limitations provided by this Act; or
2. By any such order, rule or regulation issued by
the Department with respect to such standard or
limitation.

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