Republic Act 9275: The Philippine Clean Water Act

Year of Enactment Enacted in 2004

and Implementing Rules and Regulations On-going preparations
Implementation

Purpose The Philippine Clean Water Act of 2004 aims to protect the countrys water bodies from pollution from land-based sources (industries and
commercial establishments, agriculture and community/household activities). It provides for a comprehensive and integrated strategy to
prevent and minimize pollution through a multi-sectoral and participatory approach involving all the stakeholders

Control Area Nationwide

Overview As early as 1996, monitory of the countrys rivers showed that only 51% of the classified rivers still met the standards for their most
beneficial use. The rest were polluted from domestic, industrial and agricultural sources

Most studies point to the fact that domestic wastewater is the principal cause of organic pollution (at48%) of our water bodies. Yet, only
3% of investments in water supply and sanitation were going to sanitation and sewage treatment.

A recent World Bank report pointed out that Metro Manila was second to the lowest in sewer connections among major cities in Asia and
less that 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.

Features Management of water quality will either be based on watershed, river basis or water resources region. Water quality management areas
with similar hydrological, meteorological or geographic conditions which affect the reaction and diffusion of pollutants in water bodies are
to be designated by the DENR in coordination with the National Water Resources Board (NWRB)

Management will be localized. Multi-sectoral governing boards will be established to manage water quality issues within their jurisdiction

Governing Boards shall be composed of representatives of mayors and governors as well as local government units, representatives of
relevant national government agencies, duly registered non-government organizations, the concerned water utility sector and the
business sector.

The governing boards will formulate strategies to coordinate policies necessary for the effective implementation of this Act. They will
create a multi-sectoral group to establish and effect water quality surveillance and monitoring.

All owners or operators of facilities that discharge wastewater are required to get a permit to discharge from the DENR or the Laguna Lake
Development Authority. Existing industries without any permit are given 12 months from the effectivity of the implementing rules and
regulations (IRR) promulgated pursuant to this Act to secure a permit to discharge.

The Department of Public Works and Highways (DPWH), in coordination with local government units will prepare a national program on
sewage and septage management not later than 12 months from effectivity of this Act. A priority list will likewise be prepared which will
be the basis for the allotment of funds on an annual basis by the national government for the construction and rehabilitation of required
facilities.

Local-government units will provide the land including road right of the way for the construction of sewage and/or septage treatment
facilities and raise funds for the operations and maintenance of said facilities.

The Department of Health (DOH) will formulate guidelines and standards for the collections, treatment and disposal of sewage as well as
the guidelines for the establishment and operation of centralized sewage treatment system. The MWSS and other agencies mandated to
provide water supply and sewerage facilities are required to connect existing sewage lines, subject to the payment of sewerage service
charges/fees within five years following effectivity of this Act.

All sources of sewage and septage are required to comply with the law.

Anyone discharging wastewater into a water body will have to pay a wastewater charge. This economic instrument which will be
developed in consultation with all concerned stakeholders is expected to encourage investments in cleaner production and pollution
control technologies to reduce the amount of pollutants generated and discharged.

Rewards will also be given to those whose wastewater discharge is better that the water quality criteria of the receiving body of water.
Fiscal and non-fiscal incentives will also be given to LGUs, water districts, enterprise, private entities and individuals who develop and
undertake outstanding and innovative projects in water quality management.

All possible discharges 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.

Among other, the Act prohibits the following:

o Discharging or depositing any water pollutant to the water body, or such which will impede natural flow in the water body
o Discharging, injecting or allowing to enter into the soil, anything that would pollute groundwater
o Operating facilities that discharge regulated water pollutants without the valid required permits
o Disposal of potentially infectious medical waste into sea by vessels
o Unauthorized transport or dumping into waters or sewage sludge or solid waste
o Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Toxic Chemicals, Hazardous and Nuclear
Wastes Control Act (Republic Act No. 6969)
o Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act
o Noncompliance of the LGU with the Water Quality Framework and Management Area Action Plan
o Refusal to allow entry, inspection and monitoring as well as access to reports and records by the DENR in accordance with this Act
o Refusal or failure to submit reports and/or designate pollution control officers whenever required by the DENR in accordance with this Act
o Directly using booster pumps in the distribution system or tampering with the water supply in such a way to alter or impair the water
quality
o Operate facilities that discharge or allow to seep, willfully or through grave negligence, prohibited chemicals, substances, or pollutants
listed under R.A. No. 6969, into water bodies
o Undertake activities or development and expansion of projects, or operating wastewater treatment/sewerage facilities in violation of P.D.
1586 and its IRR.

Anyone who commits 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 10,000 but 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 fine of not less than Php 50,000
and not more that Php 100,000 per day of violation. Failure or refusal to clean up which results in serious injury or loss of life or lead to
irreversible 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 than 12 years and a fine of Php 500,000/day for each day the contamination or omission continues. In cases
of gross violation, fine of not less that Php 500,00 but not more than Php 3,000,000 will be imposed for each day of violation. Criminal
charges may also be filed.
Republic Act No. 9275 March 22, 2004 6. Use of water for livestock raising - means the utilization of water for large herds or
flocks of animals raised as a commercial enterprise;
AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND
FOR OTHER PURPOSES 7. Use of water for industrial purposes - means the utilization of water in factories,
industrial plants and mines, including the use of water as an ingredient of a finished
Be it enacted by the Senate and House of Representatives of the Philippines in Congress product; and
assembled:
8. Use of water for recreational purposes - means the utilization of water for swimming
CHAPTER 1
pools, bath houses, boating, water skiing, golf courses and other similar facilities in
GENERAL PROVISIONS
resorts and other places of recreation.
ARTICLE 1
d) Classification/Reclassification of Philippine Waters - means the categorization of all
DECLARATION OF PRINCIPLES AND POLICIES
water bodies taking into account, among others, the following: (1) existing quality of the
SECTION 1. Short Title. - This Act shall be known as the "Philippine Clean Water Act of body of water; (2) size, depth, surface area covered, volume, direction, rate of flow and
2004." gradient of stream; (3) most beneficial existing and future use of said bodies of water
and lands bordering them, such as for residential, agricultural, aquacultural,
SECTION 2. Declaration of Policy. - The State shall pursue a policy of economic growth commercial, industrial, navigational, recreational, wildlife conservation and aesthetic
in a manner consistent with the protection, preservation and revival of the quality of purposes; and (4) vulnerability of surface and groundwater to contamination from
our fresh, brackish and marine waters. To achieve this end, the framework for pollutive and hazardous wastes, agricultural chemicals and underground storage tanks
sustainable development shall be pursued. As such, it shall be the policy of the State: of petroleum products.
a) To streamline processes and procedures in the prevention, control and abatement of e) Civil Society - means non-government organizations (NGOs) and people's
pollution of the country's water resources; organizations (POs).
b) To promote environmental strategies, use of appropriate economic instruments and f) Cleaner Production - means the application of an integrated, preventive
of control mechanisms for the protection of water resources; environmental strategy to processes, products, services to increase efficiency and
c) To formulate a holistic national program of water quality management that reduce risk to humans and the environment;
recognizes that water quality management issues cannot be separated from concerns g) Clean-up operations - means activities involving the removal of pollutants discharged
about water sources and ecological protection, water supply, public health and quality or spilled into a water body and its surrounding areas, and the restoration of the
of life; affected areas to their former physical, chemical and biological state or conditions.
d) To formulate an integrated water quality management framework through proper h) Contamination - means the production of substances not found in the natural
delegation and effective coordination of functions and activities; composition of water that make the water less desirable or unfit desirable or unfit for
e) promote commercial and industrial processes and products that are environment intended use.
friendly and energy efficient; i) Department - means the Department of Environment and Natural Resources.
f) To encourage cooperation and self-regulation among citizens and industries through j) Discharge includes, but is not limited to, the act of spilling, leaking, pumping, pouring,
the application of incentives and market-based instruments and to promote the role of emitting, emptying, releasing or dumping of any material into a water body or onto land
private industrial enterprises in shaping its regulatory profile within the acceptable from which it might flow or drain into said water.
boundaries of public health and environment;
k) Drinking water- means water intended for human consumption or for use in food
g) To provide for a comprehensive management program for water pollution focusing preparation.
on pollution prevention;
l) Dumping - means any unauthorized or illegal disposal into any body of water or land
h) To promote public information and education and to encourage the participation of of wastes or toxic or hazardous material: Provided, That it does not mean a release of
an informed and active public in water quality management and monitoring; effluent coming from commercial, industrial, and domestic sources which are within the
i) To formulate and enforce a system of accountability for short and long-term adverse effluent standards.
environmental impact of a project, program or activity; and m) Effluent - means discharge from known sources which is passed into a body of water
j) To encourage civil society and other sectors, particularly labor, the academe and or land, or wastewater flowing out of a manufacturing plant, industrial plant including
business undertaking environment-related activities in their efforts to organize, educate domestic, commercial and recreational facilities.
and motivate the people in addressing pertinent environmental issues and problems at n) Effluent standard - means any legal restriction or limitation on quantities, rates,
the local and national levels. and/or concentrations or any combination thereof, of physical, chemical or biological
SECTION 3. Coverage of the Act. - This Act shall apply to water quality management in parameters of effluent which a person or point source is allowed to discharge into a
all water bodies: Provided, That it shall primarily apply to the abatement and control of body of water or land.
pollution from land based sources: Provided, further, That the water quality standards o) Environmental management - means the entire system which includes, but is not
and regulations and the civil liability and penal provisions under this Act shall be limited to, conservation, regulation and minimization of pollution, clean production,
enforced irrespective of sources of pollution. waste management, environmental law and policy, environmental education and
ARTICLE 2 information, study and mitigation of the environmental impacts of human activity, and
DEFINITION OF TERMS environmental research.

SECTION 4. Definition of Terms. - As used in this Act: p) Environmental management system - means the part of the overall management
system that includes organizational structure, planning activities, responsibilities,
a) Aquifer - means a layer of water-bearing rock located underground that transmits practices, procedures, processes and resources for developing, implementing, achieving,
water in sufficient quantity to supply pumping wells or natural springs. reviewing and maintaining the environment policy.
b) Aquatic life - means all organisms living in freshwater, brackish and marine q) Freshwater - means water containing less than 500 ppm dissolved common salt,
environment. sodium chloride, such as that in groundwater, rivers, ponds and lakes.
c) Beneficial use - means the use of the environment or any element or segment thereof r) Groundwater - means a subsurface water that occurs beneath a water table in soils
conducive to public or private welfare, safety and health; and shall include, but not be and rocks, or in geological formations.
limited to, the use of water for domestic, municipal, irrigation, power generation,
fisheries, livestock raising, industrial, recreational and other purposes. s) Groundwater vulnerability - means relative ease with which a contaminant located at
or near the land surface can migrate to the aquifer or deep well.
1. Use of water for domestic purposes - means the utilization of water for drinking,
washing, bathing, cooking or other household needs, home gardens and watering of t) Groundwater vulnerability map - means the identified areas of the land surface where
lawns or domestic animals; groundwater quality is most at risk from human activities and shall reflect the different
degrees of groundwater vulnerability based on a range of soil properties and hydro
2. Use of water for municipal purposes - means the utilization of water for supplying geological criteria to serve as guide in the protection of the groundwater from
water requirements of the community; contamination.
3. Use of water for irrigation - means the utilization of water for producing agricultural u) Hazardous waste - means any waste or combination of wastes of solid liquid,
crops; contained gaseous, or semi-solid form which cause, of contribute to, an increase in
mortality or an increase in serious irreversible, or incapacitating reversible illness, taking
4. Use of water for power generation - means the utilization of water for producing
into account toxicity of such waste, its persistence and degradability in nature, its
electrical or mechanical power;
potential for accumulation or concentration in tissue, and other factors that may
5. Use of water for fisheries - means the utilization of water for the propagation of otherwise cause or contribute to adverse acute or chronic effects on the health of
culture of fish as a commercial enterprise; persons or organism.
v) Industrial waste - means any solid, semi-solid or liquid waste material with no purposely as water treatment facilities and / or water storage for recycling and re-use
commercial value released by a manufacturing or processing plant other than excluded which are integral to process industry or manufacturing.
material.
pp) Water Pollution - means any alteration of the physical, chemical, biological, or
w) Integrated Water Quality Management Framework - means the policy guideline radiological properties of a water body resulting in the impairment of its purity or
integrating all the existing frameworks prepared by all government agencies contain the quality.
following; water quality goals and targets; (b) period of compliance; (c) water pollution
qq) Water Quality - means the characteristics of water, which define its use in
control strategies and techniques; (d) water quality information and education program;
(e) human resources development program. characteristics by terms of physical, chemical, biological, bacteriological or radiological
characteristics by which the acceptability of water is evaluated.
x) Margin - means a landward and outer limiting edge adjacent to the border of any
water bodies or a limit beyond where beyond where saturation zone ceases to exist. rr) Water quality guidelines - means the level for a water constituent or numerical
values of physical, chemical, biological and bacteriological or radiological parameters
y) National Water Quality Status Report - means a report to be prepared by the which are used to classify water resources and their use, which does not result in
Department indicating: a) the location of water bodies, their quality, taking into account significant health risk and which are not intended for direct enforcement but only for
seasonal, tidal and others variations, existing and potential uses and sources of pollution water quality management purposes, such as determining time trends, evaluating
per specific pollutant and pollution load assessment; b) water quality management stages of deterioration or enhancement of the water quality, and as basis for taking
areas pursuant to Section 5 of this Act; c) and water classification. positive action in preventing, controlling or abating water pollution.
z) Non-point source - means any source of pollution not identifiable as point source to ss) Water Quality Management Area Action Plan - includes, but not be limited to, the
include, but not be limited to, runoff from irrigation or rainwater, which picks up following: (a) goals and targets including sewerage or septage program, (b) schedule of
pollutants from farms and urban areas. compliance to meet the applicable requirements of this Act; (c) water pollution control
strategies or techniques; (d) water quality information and education program; e)
aa) Point source - means any identifiable source of pollution with specific point of
resource requirement and possible sources; f) enforcement procedures of the plan and
discharge into a particular water body.
(g) rewards and incentives under Chapter 4 of this Act.
bb) Pollutant- shall refer to any substance, whether solid, liquid, gaseous or radioactive,
CHAPTER 2
which directly or indirectly:
WATER QUALITY MANAGEMENT SYSTEM
(i) alters the quality of any segment of the receiving water body to affect or tend to
ARTICLE 1
affect adversely any beneficial use thereof;
GENERAL PROVISIONS
(ii) is hazardous or potential hazardous to health;
SECTION 5. Water Quality Management Area. - The Department, in coordination with
(iii) imparts objectionable odor, temperature change, or physical, chemical or biological National Water Resources Board (NWRB), shall designate certain areas as water quality
change to any segment of the water body; or management areas using appropriate physiographic units such as watershed, river
basins or water resources regions. Said management areas shall have similar
(iv) is in excess of the allowable limits, concentrations, or quality standards specified, or hydrological, hydrogeological, meteorological or geographic conditions which affect the
in contravention of the condition, limitation or restriction prescribed in this Act. physicochemical, biological and bacteriological reactions and diffusions of pollutants in
cc) Pollution control technology- means pollution control devices or apparatus, the water bodies, or otherwise share common interest or face similar development
processes, or other means that effectively prevent control or reduce pollution of water programs, prospects or problems.
caused by effluents and other discharges, from any point source at levels within the Said management area shall be governed by a governing board composed of
water pollution standards. representatives of mayors and governors of member local government units (LGUs), and
dd) Potentially infectious medical waste- include isolation wastes, infectious agents, representatives of relevant national government agencies, duly registered non-
human blood and blood products, pathological wastes, sharps, body parts, governmental organization, water utility sector, and business sector. The Department
contaminated bedding, surgical wastes, and other disposable medical equipment and representative shall chair the governing board. In the case of the LGUs with
material that may pose a risk to the public health, welfare or the marine environment. memberships on more than one (1) management board, the LGU shall designate only
one (1) single representative for all the management areas wherein is a member.
ee) Secretary - means the Secretary of the Department of Environmental and Natural
Resources (DENR). The governing board shall formulate strategies to coordinate policies necessary for the
effective implementation of this Act in accordance with those established in the
ff) Septage - means the sludge produced on individual onsite wastewater disposal framework and monitor the compliance with the action plan.
systems, principally septic tanks and cesspools.
Each management area shall create a multi-sectoral group to establish and affect water
gg) Sewage - means water-borne human or animal wastes, excluding oil or oil wastes, quality surveillance and monitoring network including sampling schedules and other
removed from residences, building, institutions, industrial and commercial similar activities. The group shall submit its report and recommendation to the chairman
establishments together with such groundwater, surface water and storm water as of the governing board.
maybe present including such waste from vessels, offshore structures, other receptacles
intended to receive or retain waste or other places or the combination thereof. A technical secretariat for each management area is hereby created which shall be part
of the department and shall provide technical support to the governing board. They
hh) Sewerage - includes, but is not limited to, any system or network of pipelines, shall be composed of at least four (4) members who shall have the following minimum
ditches, channels, or conduits including pumping stations, lift stations and force mains, qualifications:
service connections including other constructions, devices, and appliances appurtenant
thereto, which includes the collection, transport, pumping and treatment of sewage to a a) One (1) member shall be a member of the Philippines Bar;
point of disposal. b) One (1) member shall be a Chemical Engineer, Chemist, Sanitary Engineer,
ii) Sludge - means any solid, semi-solid or liquid waste or residue generated from a Environmental Engineer or Ecologist or significant training and experience in chemistry;
wastewater treatment plant, water supply treatment plant, or water control pollution c) One (1) member shall be a Civil Engineer or Hydrologist or Significant training and
facility, or any other such waste having similar characteristics and effects. experience in closely related fields and experience on ground water, respectively; and
jj) Surface water - means all water, which is open to the atmosphere and subject to d) One (1) member shall be a Geologist, Biologist, or significant training and experience
surface runoff. in closely related fields.
kk) Treatment - means any method, technique, or process designed to alter the physical, The areas within the jurisdiction of the Laguna Lake Development Authority (LLDA) shall
chemical or biological and radiological character or composition of any waste or be designated as one management area under the administration of LLDA in accordance
wastewater to reduce or prevent pollution. with R.A. No. 4850, as amended: Provided, However, That the standards promulgated
ll) Toxic amount - means the lowest amount of concentration of toxic pollutants, which pursuant to this Act and wastewater charge system established pursuant hereof shall be
may cause chronic or long-term acute or lethal conditions or effects to the aquatic life, enforced in said area.
or health of persons or which may adversely affect designated water uses. SECTION 6. Management of Non-attainment Areas. - The Department shall designate
mm) Waste - means any material either solid, liquid, semisolid, contained gas or other water bodies, or portions thereof, where specific pollutants from either natural or man-
forms resulting industrial, commercial, mining or agricultural operations, or from made source have already exceeded water quality guidelines as non-attainment areas
community and household activities that is devoid of usage and discarded. 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
nn) Wastewater - means waste in liquid state containing pollutants. corresponding reduction in discharges from existing sources; Provided, That if the
pollutant is naturally occurring, e.g. naturally high boron and other elements in
oo) Water body - means both natural and man-made bodies of fresh, brackish, and
geothermal areas, discharge of such pollutant may be allowed: Provided, further, That
saline waters, and includes, but is not limited to, aquifers, groundwater, springs, creeks,
the effluent concentration of discharge shall not exceed the naturally occurring level of
streams, rivers, ponds, lagoons, water reservoirs, lakes, bays, estuarine, coastal and
such pollutant in the area: Provided, Finally, That the effluent concentration and volume
marine waters. Water bodies do not refer to those constructed, developed and used
of discharge shall not adversely affect water supply, public health and ecological Disbursements from the fund shall be subject to the usual accounting and budgeting
protection. rules and regulations.
The Department shall, in coordination with NWRB, Department of Health (DOH), SECTION 10. The Area Water Quality Management Fund. - The area water quality
Department of Agriculture (DA), governing board and other concerned government management fund is hereby established for the maintenance and upkeep of the water
agencies and private sectors shall take such measures as may be necessary to upgrade bodies in a water quality management area. The fund shall be utilized for the grant of
the quality of such water in non-attainment areas to meet the standards under which it rewards and incentives for entities whose effluent discharges are better than the water
has been classified. quality criteria of the target classification of the receiving body of water, loans for
acquisitions and repairs of facilities to reduce quantity and improve quality of
Upgrading of water quality shall likewise include undertakings, which shall improve the
wastewater discharges, and regular maintenance of the water bodies within the
water quality of a water body to a classification that will meet its projected or potential
management area.
use.
An amount of not more than ten percent (10%) of the total amount accruing to the
The LGUs shall prepare and implement contingency plans and other measures including
funds annually shall be allocated for the operational expenses of the governing board,
relocation, whenever necessary, for the protection of health and welfare of the
its secretariat and multi-sectoral water quality surveillance and monitoring network.
residents within potentially affected areas.
This fund shall initially be sourced from the fines incurred by the establishments located
SECTION 7. National Sewerage and Septage Management Program. - The Department
in rural areas before the effectivity of this Act. Thereafter, the fees collected under the
of Public Works and Highways (DPWH), through its relevant attached agencies, in
wastewater charge system established under Section 13 of this Act, donations,
coordination with the Department, local government units (LGUs) and other concerned
endowments and grants for water quality management of the area shall accrue to the
agencies, shall, as soon as possible, but in no case exceeding a period of twelve (12) fund.
months from the affectivity of this Act, prepare a national program on sewerage and
septage management in connection with Section 8 hereof. Disbursements from the fund shall be subject to the usual accounting and budgeting
rules and regulations. This fund shall be managed by the Board of the corresponding
Such program shall include a priority listing of sewerage, septage and combined management area.
sewerage-septage projects for LGUs based on population density and growth,
degradation of water resources, topography, geology, vegetation, program/projects for SECTION 11. Water Quality Variance for Geothermal and Oil and Gas Exploration. -
the rehabilitation of existing facilities and such other factors that the Secretary may The Department may provide variance in water quality criteria and standards for
deem relevant to the protection of water quality. On the basis of such national listing, geothermal exploration that encounters re-injection constraints: Provided, That there
the national government may allot, on an annual basis, funds for the construction and shall be provision for adequate protection of beneficial use of water bodies,
rehabilitation of required facilities. downstream of the geothermal project: Provided, further, That this provision may be
applied to oil and gas exploration as determined by the Department.
Each LGU shall appropriate the necessary land, including the required rights-of-
way/road access to the land for the construction of the sewage and/or septage SECTION 12. Categories of Industry Sector. - Within twenty-four (24) months from the
treatment facilities. effectivity of this Act, and every two (2) years thereafter, the Department shall, through
due public consultation, revise and publish a list of categories of industry sector for
Each LGU may raise funds to subsidize necessary expenses for the operation and
which effluent standards will be provided for each significant wastewater parameter per
maintenance of sewerage treatment or septage facility servicing their area of industry sector.
jurisdiction through local property taxes and enforcement of a service fee system.
The Department shall provide additional classification based on other parameters
SECTION 8. Domestic Sewage Collection, Treatment and Disposal. - Within five (5)
specifically associated to discharge of a particular industry which shall be included in the
years following the effectivity of this Act, the Agency vested to provide water supply and
listing of categories prescribed in the preceding paragraph.
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 ARTICLE 2
required to connect the existing sewage line found in all subdivisions, condominiums, WATER POLLUTION PERMITS AND CHARGES
commercial centers, hotels, sports and recreational facilities, hospitals, market places,
SECTION 13. Wastewater Charge System. - The Department shall implement a
public buildings, industrial complex and other similar establishments including
wastewater charge system in all management areas including the Laguna Lake Region
households to available sewerage system. Provided, That the said connection shall be
and Regional Industrial Centers through the collection of wastewater charges/fees. The
subject to sewerage services charge/fees in accordance with existing laws, rules or
system shall be established on the basis of payment to the government for discharging
regulations unless the sources had already utilized their own sewerage system:
Provided, further, That all sources of sewage and septage shall comply with the wastewater into the water bodies. Wastewater charges shall be established taking into
requirements herein. consideration the following:
a) To provide strong economic inducement for polluters to modify their production or
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 processes or to invest in pollution control technology in order to reduce
the amount of water pollutants generated;
management system.
b) To cover the cost of administering water quality management or improvement
For the purpose of this section, the DOH, coordination with other government agencies,
programs;
shall formulate guidelines and standards for the collection, treatment and disposal of
sewage including guidelines for the establishment and operation of centralized sewage c) Reflect damages caused by water pollution on the surrounding environment,
treatment system. including the cost of rehabilitation;
SECTION 9. National Water Quality Management Fund. - A water quality management d) Type of pollutant;
fund, to be administered by the Department, in coordination with other concerned
agencies, as a special account in the National Treasury is hereby established. The fund e) Classification of the receiving water body; and
shall be used to finance the following: f) Other special attributes of the water body.
a) Finance containment and clean-up operations of the government in water pollution The fee shall be based on the net waste load depending on the wastewater, charge
cases; formula which shall be established with due public consultation within six (6) months
b) Guarantee restoration of ecosystems and rehabilitation of affected areas; from the effectivity of this Act: Provided, That net waste load shall refer to the
difference of the initial waste load of the abstracted water and the waste load of the
c) Support research, enforcement and monitoring activities; final effluent discharge of an industry: Provided, further, That no net waste load shall be
d) Provide technical assistance to the implementing agencies; lower than the initial waste load: Provided, finally, That wastewater charge system shall
not apply to wastewater from geothermal exploration.
e) Grant rewards and incentives;
Industries whose water effluent are within standards promulgated pursuant to this Act,
f) Support information and educational campaign; and shall only be charged with minimal reasonable amount which shall be determined by
the Department after due public consultation, giving account to volumetric rate of
g) Such other disbursements made solely for the prevention, control or abatement of discharge and effluent concentration.
water pollution and management and administration of the management areas in the
amounts authorized by the Department. SECTION 14. Discharge Pemits. - The Department shall require owners or operators of
facilities that discharge regulated effluents pursuant to this Act to secure a permit to
The fines imposed and damages awarded to the government by the Pollution
discharge. The discharge permit shall be the legal authorization granted by the
Adjudication Board (PAB), proceeds of permits issued by the Department under this Act,
Department to discharge wastewater: Provided, That the discharge permit shall specify
donations, endowments and grants in the form of contributions to the national
among others, the quantity and quality of effluent that said facilities are allowed to
government under this Act shall form part of the fund. Such donations, endowments
discharge into a particular water body, compliance schedule and monitoring
and grants shall be exempt from donor's taxes and all other taxes, charges or fees requirement.
imposed by the government and shall be deductible from the gross income of the donor
for income tax purposes. As part of the permitting procedure, the Department shall encourage the adoption of
waste minimization and waste treatment technologies when such technologies are
deemed cost effective. The Department shall also develop procedures to relate the c) Prepare a ten (10) year Water Quality Management Area Action Plan within twelve
current water quality guideline or the projected water quality guideline of the receiving (12) months following the completion of the framework for each designated water
water body/ies with total pollution loadings from various sources, so that effluent management area. Such action plan shall be reviewed by the water quality management
quotas can be properly allocated in the discharge permits. For industries without any area governing board every five (5) years or as need arises;
discharge permit, they may be given a period of twelve {12) months after the effectivity
d) Prepare and publish a national a national groundwater vulnerability map
of the implementing rules and regulations promulgated pursuant to this Act, to secure a
discharge permit. incorporating the prevailing standards and methodologies, within twenty four (24)
months after the effectivity of this Act;
Effluent trading may be allowed per management area.
e) Enforce, review and revise within twelve (12) months from the effectivity of this Act
ARTICLE 3 water quality guidelines after due consultation with the concerned stakeholder sectors:
FINANCIAL LIABILITY MECHANISM Provided, That the Department, in coordination with appropriate agencies shall review
said guidelines every five (5) years or as need arises;
SECTION 15. Financial Liability for Environmental Rehabilitation. - The Department
shall require program and project proponents to put up environmental guarantee fund f) Review and set effluent standards every five (5) years from the effectivity of this Act
{EGF) as part of the environmental management plan attached to the environmental or sooner as determined by the Department: Provided, That in the interim, the
compliance certificate pursuant to Presidential Decree No.1586 and its implementing provisions of DENR Administrative Order No. 35 of the Department shall
rules and regulations. The EGF shall finance the maintenance of the health of the apply: Provided, further, That when new and more stringent standards are set in
ecosystems and specially the conservation of watersheds and aquifers affected by the accordance with this section, the Department may establish a grace period with a
development, and the needs of emergency response, clean-up or rehabilitation of areas maximum of five (5) years: Provided, finally, That such grace period shall be limited to
that may be damaged during the program's or project's actual implementation. Liability the moratorium on the issuance of cease and desist and/or closure order against the
for damages shall continue even after the termination of a program or project and, until industry's operations except in the event such operation poses serious and grave threat
the lapse of a given period indicated in the environmental compliance certificate, as to the environment, or the industry fails to institute retooling, upgrading or establishing
determined by the Department. The EGF may be in the form of a trust fund, an environmental management system (EMS).
environmental insurance, surety bonds, letters of credit, self-insurance and any other
g) Establish within twelve (12) months from the effectivity of this Act, internationally-
instruments which may be identified by the Department. The choice of the guarantee
accepted procedures for sampling and analysis of pollutants and in coordination with
instrument or combinations thereof shall depend, among others, on the assessment of
other concerned agencies, formulate testing procedures and establish an accreditation
the risks involved and financial test mechanisms devised by the Department.
system for laboratories;
Proponents required to put up guarantee instruments shall furnish the Department with
evidence of availment of such instruments from accredited financial instrument h) Within eighteen (18) months from the effectivity of this Act and every two (2) years
providers. thereafter, categorize point and non-point sources of water pollution;
SECTION 16. Clean-Up Operations. - Notwithstanding the provisions of Sections 15 and i) Classify groundwater sources within twelve (12) months from the effectivity of this
26 hereof, any person who causes pollution in or pollutes water bodies in excess of the Act;
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 j) Classify or reclassify all water bodies according to their beneficial usages: Provided,
have been rendered unfit for utilization and beneficial use: Provided, That in the event that in the interim, the provisions of DENR Administrative Order No.34 shall
emergency clean-up operations are necessary and the polluter fails to immediately apply: Provided, further, that such classification or reclassification shall take into
undertake the same, the Department, in coordination with other government agencies consideration the operation of businesses or facilities that are existing prior to the
concerned, shall conduct containment, removal and clean-up operations. Expenses effectivity of the Act: Provided, furthermore, that the Department may authorize the use
incurred in said operations shall be reimbursed by the persons found to have caused of the water for other purposes that are more restrictive in classification: Provided,
such pollution upon proper administrative determination in accordance with this Act. finally, That discharges resulting from such use shall meet the effluent standards set by
Reimbursements of the cost incurred shall be made to the Water Quality Management the Department;
Fund or to such other funds where said disbursements were sourced. k) Exercise jurisdiction over all aspects of water pollution, determine its location,
SECTION 17. Programmatic Environmental Impact Assessment. - The Department shall magnitude, extent, severity, causes, effects and other pertinent information on
implement programmatic compliance with the environmental impact assessment pollution, and to take measures, using available methods and technologies to prevent
system, as in the following types of development: and abate such pollution;

a) development consisting of a series of similar projects, or a project subdivided into l) Exercise supervision and control over all aspects of water quality management;
several phases and/or stages whether situated in a contiguous area or geographically m) Establish a cooperative effort in partnership with the government, LGUs, academic
dispersed; and institutions, civil society and the private sector to attain the objectives of this Act;
b) development consisting of several components or a cluster of projects co-located in n) Disseminate information and conduct educational awareness and value formation
an area such as an industrial estate, an export processing zone, or a development zone programs and campaigns on the effects of water pollution on health and environment,
identified in a local land use plan. water quality management, and resource conservation and recovery to encourage an
Programmatic compliance with the environmental impact assessment system shall be environmentally action-oriented society in coordination with government agencies
guided by carrying capacity assessments determined from ecological profiles. Ecological identified in Section 22 (f);
profiles shall Identify environmental constraints and opportunities in programmatic o) Promote. and encourage private and business sectors especially manufacturing and
areas. Programmatic assessment shall also take into account cumulative impacts and processing plants the use of water quality management systems equipment, including
risks. but not limited to, industrial wastewater treatment collection and treatment facilities;
Consistent with the provisions of the Local Government Code, the Department may p) Report, on an annual basis, to Congress the, quality status of water bodies and other
enter into agreement with LGUs to incorporate programmatic environmental impact pertinent information and recommend possible legislation, policies and programs for
assessment into the preparation, updating or revision of local land use plans and area environmental management and water pollution control;
development plans.
q) Issue rules and regulations for the effective implementation of the provisions of this
SECTION 18. Environmental Impact Assessment System Programmatic Compliance Act;
with Water Quality Standards. - The. Department may allow each regional industrial
center established pursuant to Republic Act No.7916 (PEZA law) to allocate effluent r) Issue orders against any person or entity and impose fines, penalties and other
quotas to pollution sources within its jurisdiction that qualify under an environmental administrative sanctions to compel compliance with water quality the provisions of this
impact assessment system programmatic compliance program in accordance with Act;
Presidential Decree No. 15867 and its implementing rules and regulations.
s) Undertake appropriate protocol with other concerned agencies for immediate
CHAPTER 3 coordinated responses to water related emergency incidents;
INSTITUTIONAL MECHANISM
t) Issue permits, clearances and similar instruments pursuant to this Act; and
SECTION 19. Lead Agency. - The Department shall be the primary government agency
u) Exercise such powers and perform such other functions as may be necessary to carry
responsible for the implementation and enforcement of this Act unless otherwise
out the objectives of this Act
provided herein. As such, it shall have the following functions, powers and
responsibilities: The Department shall gradually devolve to the LGUs, and to the governing boards the
authority to administer some aspects of water quality management and regulation,
a) Prepare a National Water Quality Status Report within twenty-four (24) months from
including, but not to be limited to, permit issuance, monitoring and imposition of
the effectivity of this Act: Provided, That the Department shall thereafter review or
administrative penalties, when, upon the Department's determination, the LGU or the
revise and publish annually, or as the need arises, said report;
governing board has demonstrated readiness and technical capability to undertake such
b) Prepare an Integrated Water Quality Management Framework within twelve (12) functions.
months following the completion of the status report;
SECTION 20. Role of Local Government Units. - Local government units shall share the In cases of fish kill incidence, the Bureau of Fisheries of the DA, in the course of its
responsibility in the management and improvement of water quality within their investigation, may enter the premises of an establishment reported to have caused said
territorial jurisdictions. incident.
Each local government unit shall within six (6) months after the establishment of the SECTION 24. Pollution Research and Development Programs. - The Department, in
water quality management area action plan prepare a compliance scheme in, coordination with the Department of Science and Technology (DOST), other concerned
accordance thereof, subject to review and approval of the governing board. agencies and academic research institutions, shall establish a national research and
development program for the prevention and control of water pollution. As part of said
Each local government unit shall, through its Environment and Natural Resources Office program, the DOST shall conduct and promote the coordination and acceleration of
(ENRO) established in Republic Act No.7160, have the following powers and functions:
research, investigation, experiments, training, survey and studies relating to the causes,
a) Monitoring of water quality; extent, prevention and control of pollution among concerned government agencies and
research institutions.
b) Emergency response;
CHAPTER 4
c) Compliance with the framework of the Water Quality Management Action Plan; INCENTIVES AND REWARDS
d) To take active participation in all efforts concerning water quality protection and SECTION 25. Rewards. - Rewards, monetary or otherwise, shall be provided to
rehabilitation; and individuals, private organization and entities, including civil society, that have
e) To coordinate with other government agencies and civil society and the concerned undertaken outstanding and innovative projects, technologies, processes and
sectors in the implementation of measures to prevent and control water techniques or activities in water quality management. Said rewards shall be sourced
pollution: Provided, however, That in provinces/cities/municipalities where there are no from the Water Quality Management Fund herein created.
environment and natural resources officers, the local executive concerned may, with the SECTION 26. Incentives Scheme. - An incentive scheme is hereby provided for the
approval of the Secretary of the DENR designate any of his official and/or chief of office purpose of encouraging LGUs, water districts (WDs), enterprises, or private entities, and
preferably the provincial, city or municipal agriculturist, or any of his individuals, to develop or undertake an effective water quality management, or actively
employee: Provided, finally, That in case an employee is designated as such, he must participate in any program geared towards the promotion thereof as provided in this
have sufficient experience in environmental and natural resources management, Act.
conservation and utilization.
A. Non-fiscal incentive
SECTION 21. Business and Industry Role in Environmental Management. - The
Department and the LGUs, in coordination with the appropriate government agencies. 1. Inclusion in the Investments Priority Plan (IPP). - Subject to the rules and regulations
and in consultation with the business and industrial sectors including commerce, shall of the Board of Investments (BOI), industrial wastewater treatment and/or adoption of
formulate appropriate incentives for the adoption procedures that will preserve and water pollution control technology, cleaner production and waste minimization
protect our water bodies through the introduction of innovative equipment and technology shall be classified as preferred areas of investment under its annual priority
processes that reduce if totally eliminate discharge of pollutants into our water bodies. plan and shall enjoy the applicable fiscal and non-fiscal incentives as may be provided
for under the Omnibus Investment Code, as amended.
SECTION 22. Linkage Mechanism. - The Department and its concerned attached
agencies including LLDA shall coordinate and enter into agreement with other Fiscal Incentives
government agencies, industrial sector and other concerned sectors in the furtherance
1. Tax and Duty Exemption on Imported Capital Equipment. - Within ten 10) years upon
of the objectives of this Act- The following agencies shall perform tile functions specified
the effectivity of this Act, LGUs, WDs, enterprises or private entities shall enjoy tax-and-
hereunder:
duty-free importation of machinery, equipment and spare parts used for industrial
a) Philippine Coast Guard in coordination with DA and the Department shall enforce for wastewater treatment/collection and treatment facilities: Provided, That the
the enforcement of water quality standards in marine waters, set pursuant to this Act, importation of such machinery, equipment and spare parts shall comply with the
specifically from offshore sources; following conditions:

b) DPWH through its attached agencies, such as the MWSS, LWUA, and including other a) They are not manufactured domestically in sufficient quantity, of comparable quality
urban water utilities for the provision or sewerage and sanitation facilities and the and at reasonable prices;
efficient and safe collection, treatment and disposal of sewage within their area of
b) They are reasonably needed and will be used actually, directly and exclusively for the
jurisdiction;
above mentioned activities; and
c) DA, shall coordinate with the Department, in the formulation of guidelines for the re-
c) Written endorsement by the Department that the importation of such machinery,
use of wastewater for irrigation and other agricultural uses and for the prevention, equipment and spare parts would be beneficial to environmental protection and
control and abatement of pollution from agricultural and aquaculture
management: Provided, further, That the sale, transfer or disposition of such machinery,
activities: Provided, That discharges coming from non-point sources be categorized and
equipment and spare parts without prior approval of the BOI within five (5) years from
further defined pursuant to this Act: Provided, further, That the Bureau of Fisheries and
the date of acquisition shall be prohibited, otherwise the LGU concerned, WD,
Aquatic Resources (BFAR) of the DA shall be primarily responsible for the prevention
enterprise or private entity and the concerned vendee, transferee or assignee shall be
and control of water pollution for the development, management and conservation of solidarity liable to pay twice the amount of tax and duty exemption given it.
the fisheries and aquatic resources;
2. Tax Credit on Domestic Capital Equipment. - Within ten (10) years from the effectivity
d) DOH shall be primarily responsible for the promulgation, revision and enforcement of of this Act, a tax credit equivalent to one hundred percent (100%) of the value of the
drinking water quality standards;
national internal revenue taxes and customs duties that would have been waived on the
e) DOST, in coordination with the Department and other concerned agencies, shall machinery, equipment, and spare parts, had these items been imported shall be given
prepare a program for the evaluation, verification, development and public to enterprises or private entities and individuals, subject to the same conditions and
dissemination of pollution prevention and cleaner production technologies; and prohibition cited in the preceding paragraph.

f) Department of Education (DepEd), Commission Higher Education (CHED), Department 3. Tax and Duty Exemption of Donations, Legacies and Gifts. - All legacies, gifts and
of the Interior and Local Government (DILG) and Philippine Information Agency (PIA) donations to LGUs, WDs, enterprises, or private entities and individuals, for the support
shall assist and coordinate with the Department in, the preparation and implementation and maintenance of the program for effective water quality management shall be
of a comprehensive program pursuant to the objectives of this Act. exempt from donor's tax and shall be deductible from the gross income of the donor for
income tax purposes.
SECTION 23. Requirement of Record-keeping, Authority for Entry to Premises and
Access to Documents. - The Department or its duly authorized representative shall, after Imported articles donated to, or for the account of any LGUs, WDs, local water utilities,
proper consultation and notice, require any person who owns or operates any pollution enterprises, or private entities and individuals to be exclusively used for water quality
source or who is subject to. any requirement of this Act to submit reports and other management programs shall be exempted from the payment of customs duties and
written information as may be required by the department. applicable internal revenue taxes.

Any record, report or information obtained under this section shall be made available to Industrial wastewater treatment and/or installation of water pollution control devices
the public, except upon a satisfactory showing to the Department by the, entity shall be classified as pioneer and preferred areas of investment under the BOI's annual
concerned that the record, report, or information or parts thereof, if made public, priority plan and shall enjoy- the applicable fiscal and non-fiscal incentives as may be
would divulge secret methods or processes entitled to protection as intellectual provided for under the Omnibus Investment Code, as amended.
property. Such record, report or information shall likewise be incorporated in the B. Financial Assistance Program
Department's industrial rating system. Pursuant to this Act, the Department, through it's
authorized representatives, shall have the right to: (a) enter any premises or to have Government financial institutions such as the Development Bank of the Philippines,
access to documents and relevant materials as referred to in the herein preceding Land Bank of the Philippines, Government Service Insurance System, and such other
paragraph; (b) inspect any pollution or waste source, control device, monitoring government institutions providing financial services shall, in accordance with and to the
equipment or method required; and (c) test any discharge. extent allowed by the enabling provisions of their respective charters or applicable laws,
accord high priority to extend financial services to LGUs, WDs, enterprises, or private
entities engaged in sewage collection and treatment facilities.
C. Extension or Grants to LGUs years, and a fine of Five Hundred Thousand Pesos (P500,000.00) per day for each day
during which the omission and/or contamination continues.
Cities and municipalities which shall establish or operate sewerage facilities may be
entitled to receive grants for the purpose of developing technical capabilities. In case of gross violation of this Act, the PAB shall issue a resolution recommending that
the proper government agencies file criminal charges against the violators. Gross
CHAPTER 5 violation shall mean any of the following:
CIVIL LIABILITY/PENAL PROVISIONS
a) deliberate discharge of toxic pollutants identified pursuant to Republic Act No.6969 in
SECTION 27. Prohibited Acts. - The following acts are hereby prohibited:
toxic amounts;
a) Discharging, depositing or causing to be deposited material of any kind directly or b) five {5) or more violations within a period of two (2) years; or
indirectly into the water bodies or along the margins of any surface water, where, the
same shall be liable to be washed into such surface water, either by tide action or by c) blatant disregard of the orders of the PAB, such as the non-payment of fines, breaking
storm, floods or otherwise, which could cause water pollution or impede natural flow in of seals or operating despite the existence of an order for closure, discontinuance or
the water body; cessation of operation.
b) Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any In which case, offenders shall be punished with a fine of not less than Five hundred
form that would pollute groundwater. In the case of geothermal projects, and subject to thousand pesos (P500,000.00) but not more than Three million pesos (P3,000,000.00}
the approval of the Department, regulated discharge for short- term activities (e.g. well per day for each day of violation or imprisonment of not less than six {6) years but not
testing, flushing, commissioning, venting) and deep re-injection of geothermal liquids more than ten {10) years, or both, at the discretion of the court. If the offender is a
may be allowed: Provided, That safety measures are adopted to prevent the juridical person, the president, manager and the pollution control officer or the official
contamination of the groundwater; in charge of the operation shall suffer the penalty herein provided.
c) Operating facilities that discharge regulated water pollutants without the valid For violations falling under Section 4 of Presidential Decree No.979 or any regulations
required permits or after the permit was revoked for any violation of any condition prescribed in pursuance thereof, such person shall be liable for a fine of no1 less than
therein; Fifty thousand pesos {P50,000.00) nor more than One million pesos (P1,000,000.00) or
by imprisonment of not less than one {1) year nor more than six (6) years or both, for
d) Disposal of potentially infectious medical waste into sea water by vessels unless the
each offense, without prejudice to the civil liability of the offender in accordance with
health or safety of individuals on board the vessel is threatened by a great and
existing laws. If the offender is a juridical entity, then its officers, directors, agents or any
imminent peril;
person primarily responsible shall be held liable: Provided, That any vessel from which
e) Unauthorized transport or dumping into sea waters of sewage sludge or solid waste oil or other harmful substances are discharged in violation of Section 4 of Presidential
as defined under Republic Act No.9003; Decree No.979 shall be liable for penalty of fine specified in the immediately preceding
paragraph and clearance of such vessel from the port of the Philippines may be withheld
f) Transport, dumping or discharge of prohibited chemicals, substances or pollutants until the fine is paid and such penalty shall constitute a lien on such vessel which may be
listed under Republic Act No.6969; recovered in proceedings by libel in rem in the proper court which the vessel may be.
g) Operate facilities that discharge or allow to seep, willfully or through gross The owner or operator of a vessel or facility which discharged the oil or other harmful
negligence, prohibited chemicals, substances or pollutants listed under R. A. No. 6969 substances will be liable to pay for any clean-up costs.
into water bodies or wherein the same shall be liable to be washed into such surface, Provided, finally, That water pollution cases involving acts or omissions --- committed
ground, coastal, and marine water; within the Laguna Lake Region shall be dealt with in accordance with the procedure
h) Undertaking activities or development and expansion of projects, or operating under R. A. No.4850 as amended.
wastewater/sewerage facilities in violation of Presidential Decree. No.1586 and its SECTION 29. Administrative Sanctions Against Non-compliance with the Water Quality
implementing rules, and regulations; Management Area Action Plan. - Local government officials concerned shall be subject
i) Discharging regulated water pollutants without the valid required discharge permit to Administrative sanctions incase of failure to comply with their action plan accordance
pursuant to this Act or after the permit was revoked for any violation of condition with the relevant provisions of R.A. No. 7160.
therein; CHAPTER 6
j) Non-compliance of the LGU with the Water Quality Framework and Management Area ACTIONS
Action Plan. In such a case, sanctions shall be imposed on the local government officials SECTION 30. Administrative Action. - Without prejudice to the right of any affected
concerned; person to file an administrative action, the Department shall, on its own instance or
k) Refusal to allow entry, inspection and monitoring by the Department in accordance upon verified complaint by any person, institute administrative proceedings in the
with this Act; proper forum against any person who violates:

l) Refusal to allow access by the Department to relevant reports and records in a) Standards or limitations provided by this Act; or
accordance with this Act; b) By any such order, rule or regulation issued by the Department with respect to such
m) Refusal or failure to submit reports whenever required by the Department in standard or limitation.
accordance with this Act; CHAPTER 7
n) Refusal or failure to designate pollution control officers whenever required by, the FINAL PROVISIONS
Department in accordance with this Act; and SECTION 31. Appropriations.- An amount of One hundred million pesos
o) Directly using booster pumps in the distribution system or tampering with the water (P100,000,000.00) shall be appropriated from the savings of the National Government
supply in such a way as to alter or impair the water quality. to the Department for the initial implementation of this Act. Thereafter, the amount
necessary to effectively carry out the provision of this Act shall be included in the
SECTION 28. Fines, Damages and Penalties. - Unless otherwise provided herein, any General Appropriations Act of the year following its enactment into law and thereafter.
person who commits any of the prohibited acts provided in the immediately preceding
section or violates any of the provision of this Act or its implementing rules and SECTION 32. Implementing Rules and Regulations. - The Department, in coordination
regulations, shall be fined by the Secretary, upon the recommendation of the PAB in the with the Committees on Environment and Ecology of the Senate and the House of
amount of not less than Ten thousand pesos (P10,000.00) nor more than Two hundred Representatives, respectively and other concerned agencies shall promulgate the
thousand pesos (P200,000.00) for every day of violation. The fines herein prescribed implementing rules and regulations for this Act, within one (1) year after the enactment
shall be increased by ten percent (10%) every two (2) years to compensate for inflation of this Act: Provided. That rules and regulations issued by other government agencies
and to maintain the deterrent function of such fines: Provided, That the Secretary, upon and instrumentalities for the prevention and/or abatement of water pollution not
recommendation of the PAB may order the closure, suspension of development or inconsistent with this Act shall supplement the rules and regulations issued by the
construction, or cessation of operations or, where appropriate disconnection of water Department, pursuant to the provisions of this Act.
supply, until such time that proper environmental safeguards are put in place and/or The draft of the implementing rules and regulations shall be published and be the
compliance with this Act or its rules and regulations are undertaken. This paragraph subject of public consultations with affected sectors.
shall be without prejudice to the issuance of an ex parte order for such closure,
suspension of development or construction, or cessation of operations during the There shall be a mandatory review of the implementing rules and regulations and
pendency of the case. standards set pursuant to the provisions of this Act.

Failure to undertake clean-up operations, willfully, or through gross negligence, shall be SECTION 33. Joint Congressional Oversight Committee. - There is hereby created a Joint
punished by imprisonment of not less than two (2) years and not more than four (4) Congressional Oversight Committee to monitor the implementation of this Act and to
years and a fine not less than Fifty thousand pesos (P50,000.00) and not more than One review the implementing rules and regulations promulgated by the Department. The
hundred thousand pesos (P100,000.00) per day for each day of violation. Such failure or Committee shall be composed of five (5) Senators and five; (5) Representatives to be
refusal which results in serious injury or loss of life and/or irreversible water appointed by the Senate President and the Speaker of the House of Representatives,
contamination of surface, ground, coastal and marine water shall be punished with respectively. The Oversight Committee shall be co-chaired by the Chairpersons of the
imprisonment of not less than six (6) years and one day and not more than twelve (12)
Committee on Environment of the Senate and the Committee on Ecology of the House SECTION 35. Separability Clause. - If any provision of this Act or the application such
of Representatives. provision to any person or circumstances is declared unconstitutional, the remainder of
the Act or the application of such provision to other person or circumstances shall not
SECTION 34. Repealing Clause. - Presidential Decree No.984 is hereby repealed.
be affected by such declaration.
Republic Act Nos. 6969 and 4850 as amended, Presidential Decree Nos. 1586, 1152, 979
and 856 are hereby amended and modified accordingly. All other laws, orders, issuance, SECTION 36. Effectivity. - This Act shall take effect fifteen (15) days from the date of its
rules and regulations inconsistent herewith are hereby repealed or modified publication in the Official Gazette or in at least two (2) newspapers of general
accordingly. circulation.