Philippine Clean Water Act

of 2004
R.A. No. 9275
 Water Pollution
Water is essential to life.

Water pollution is one of the most serious ecological threats

we face today.

Clean and plentiful water provides the foundation for

prosperous communities. We rely on clean water to survive,
yet right now we are heading towards a water crisis.
Changing climate patterns are threatening lakes and rivers,
and key sources that we tap for drinking water are being
overdrawn or tainted with pollution.
 Water Pollution
“Water pollution happens when toxic substances enter water
bodies such as lakes, rivers, oceans and so on, getting dissolved
in them, lying suspended in the water or depositing on the bed.
This degrades the quality of water.” (World Wildlife Fund)

A 1969 United Nations report defined ocean pollution as “(t)he

introduction by man, directly or indirectly, of substances or
energy into the marine environment (including estuaries)
resulting in such deleterious effects as harm to living resources,
hazards to human health, hindrance to marine activities,
including fishing, impairment of quality for use of sea water
and reduction of amenities.
Water Pollution Under the
CWA

The Philippine Clean Water Act defines water

pollutions as any alteration of the physical, chemical,
biological, or radiological properties of a water body
resulting in the impairment of its purity or quality.
Sources of Water Pollution

“Water pollution can be caused in a number of ways, one

of the most polluting being city sewage and industrial
waste discharge. Indirect sources of water pollution
include contaminants that enter the water supply from
soils or groundwater systems and from the atmosphere
via rain.” (WWF)
Sources of Water Pollution
According to Dr. Ken Rubin, there are Two General Categories of water
pollution sources:

Direct Contaminant Sources - Include effluent outfalls from

factories, refineries, waste treatment plants etc.. that emit fluids of
varying quality directly into urban water supplies.

Indirect Contaminant Sources - Include contaminants that enter the

water supply from soils/groundwater systems and from the atmosphere
via rain water. Soils and groundwaters contain the residue of human
agricultural practices (fertilizers, pesticides, etc..) and improperly
disposed of industrial wastes. Atmospheric contaminants are also derived
from human practices (such as gaseous emissions from automobiles,
factories and even bakeries).
Sources of Water Pollution
Situation in the Philippines
As early as 1996, monitoring of the country’s rivers showed that only 51% of
the classified rivers still met the standards for their most beneficial use. The
rest were already polluted from domestic, industrial and agricultural sources.

Most studies point to the fact that domestic wastewater is the principal
cause of organic pollution (at 48%) of our water bodies. Yet only 3% of
investments in 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 sewage connections among major cities in Asia and less than
7% compared to 20% for Katmandu, Nepal and 30% for Dhaka, Bangladesh.
Thirty-one percent of all illnesses in the country are attributed to polluted
waters.
Coverage of the Philippine CWA
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. (Section 3, RA No. 9275)

WATER BODIES -means both natural and man-made bodies of

fresh, brackish, and saline waters, and includes, but is not
limited to, aquifers, groundwater, springs, creeks, streams, rivers,
ponds, lagoons, water reservoirs, lakes, bays, estuarine, coastal
and marine waters. Water bodies do not refer to those
constructed, developed and used purposely as water treatment
facilities and / or water storage for recycling and re-use which
are integral to process industry or manufacturing.
Applicability of CWA to Marine Pollution
and Disposal of Effluents on Land
“In addition to regulating pollution of water bodies, the DENR shall formulate
and apply standards for the transport and disposal of effluent, sewage and
septage offsite, whether offshore or on land as well as disposal of industrial
wastewater on land.” (Rule 3.1, DAO No. 2005-10, Implementing Rules and
Regulations of the Philippine Clean Water Act of 2004)

Effluent - means discharge from known sources which is passed into a body of
water or land, or wastewater flowing out of a manufacturing plant, industrial
plant including domestic, commercial and recreational facilities.

Septage - means the sludge produced on individual onsite wastewater disposal

systems, principally septic tanks and cesspools.

Sewage - means water-borne human or animal wastes, excluding oil or oil

wastes, removed from residences, building, institutions, industrial and
commercial establishments together with such groundwater, surface water
and storm water as maybe present including such waste from vessels, offshore
structures, other receptacles intended to receive or retain waste or other
places or the combination thereof.
 Water Quality
Management Area
The CWA divided the country into Water Quality Management Areas
under Section 5 of the law.

The DENR, in coordination with National Water Resources Board

(NWRB), shall designate certain areas as water quality management
areas using appropriate physiographic units such as watershed, river
basins or water resources regions.

Said management areas shall have similar hydrological, hydrogeological,

meteorological or geographic conditions which affect the
physicochemical, biological and bacteriological reactions and diffusions
of pollutants in the water bodies, or otherwise share common interest
or face similar development programs, prospects or problems.
 Water Quality
Management Area
Each management area shall be governed by a governing board
composed of the following:

representatives of mayors and governors of member local

government units (LGUs),

representatives of relevant national government agencies,

representatives of duly a registered non-governmental

organization, water utility sector, and business sector

DENR representative who shall chair the governing board

 Water Quality
Management Area
The governing board shall formulate strategies to
coordinate policies necessar y for the effective
implementation of the Clean Water Act in accordance
with those established in the framework and monitor
the compliance with the action plan.

Each management area shall create a multi-sectoral

group to establish and effect water quality surveillance
and monitoring network including sampling schedules
and other similar activities. The group shall submit its
report and recommendation to the chairman of the
governing board.
 LLDA

The areas within the jurisdiction of the Laguna Lake

Development Authority (LLDA) shall be designated as
one management area under the administration of
LLDA in accordance with R.A. No. 4850, as amended:
Provided, However, That the standards promulgated
pursuant to this Act and wastewater charge system
established pursuant hereof shall be enforced in said
area.
 Water Quality
Management Area
Waste Water Charge System

The Department shall implement a wastewater charge

system in all management areas including the Laguna
Lake Region and Regional Industrial Centers through
the collection of wastewater charges/fees. The system
shall be established on the basis of payment to the
government for discharging wastewater into the water
bodies. (Section 13, CWA)
Waste Water Charge System
Wastewater charges shall be established taking into consideration the
following:

To provide strong economic inducement for polluters to modify their

production or management processes or to invest in pollution control
technology in order to reduce the amount of water pollutants generated;

To cover the cost of administering water quality management or

improvement programs;

Reflect damages caused by water pollution on the surrounding

environment, including the cost of rehabilitation;

Type of pollutant;

Classification of the receiving water body; and

Other special attributes of the water body.

 Discharge Permits
(Sec. 14)
The DENR shall require owners or operators of facilities that discharge
regulated effluents pursuant to the CWA to secure a permit to discharge. The
discharge permit shall be the legal authorization granted by the DENR to
discharge wastewater: Provided, That the discharge permit shall specify
among others, the quantity and quality of effluent that said facilities are allowed
to discharge into a particular water body, compliance schedule and monitoring
requirement.

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 current water quality guideline or the projected water
quality guideline of the receiving water body/ies with total pollution loadings
from various sources, so that effluent quotas can be properly allocated in the
discharge permits.

Effluent trading may be allowed per management area.

 Rewards (Sec. 25)

Rewards, 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.

Said rewards shall be sourced from the Water Quality

Management Fund.
Incentives Scheme (Sec. 26)
An incentive scheme is provided in the CWA for the purpose
of encouraging LGUs, water districts (WDs), enterprises, or
private entities, and individuals, to develop or undertake an
effective water quality management, or actively participate in
any program geared towards the promotion thereof.

Fiscal and Non-Fiscal Incentives

Financial Assistance Programs

Extension or Grants to LGUs

 Prohibited Acts (Sec. 27)
Discharging, depositing or causing to be deposited material of any kind
directly 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 storm, floods or otherwise, which could
cause water pollution or impede natural flow in the water body;

Discharging, injecting or allowing to seep into the soil or sub-soil any

substance in any form that would pollute groundwater. In the case of
geothermal projects, and subject to the approval of the Department,
regulated discharge for short- term activities (e.g. well testing, flushing,
commissioning, venting) and deep re-injection of geothermal liquids may be
allowed: Provided, That safety measures are adopted to prevent the
contamination of the groundwater;

Operating facilities that discharge regulated water pollutants without the

valid required permits or after the permit was revoked for any violation of
any condition therein;
 Prohibited Acts (Sec. 27)
Operating facilities that discharge regulated water pollutants
without the valid required permits or after the permit was
revoked for any violation of any condition therein;

Disposal of potentially infectious medical waste into sea

water by vessels unless the health or safety of individuals on
board the vessel is threatened by a great and imminent peril;

Unauthorized transport or dumping into sea waters of sewage

sludge or solid waste as defined under Republic Act No.9003;

Transport, dumping or discharge of prohibited chemicals,

substances or pollutants listed under Republic Act No.6969;
 Prohibited Acts (Sec. 27)
Operate facilities that discharge or allow to seep, willfully or
through gross negligence, prohibited chemicals, substances
or pollutants listed under R. A. No. 6969 into water bodies
or wherein the same shall be liable to be washed into such
surface, ground, coastal, and marine water;

Undertaking activities or development and expansion of

projects, or operating wastewater/sewerage facilities in
violation of Presidential Decree. No.1586 and its
implementing rules, and regulations;

Discharging regulated water pollutants without the valid

required discharge permit pursuant to this Act or after the
permit was revoked for any violation of condition therein;
 Prohibited Acts (Sec. 27)
Non-compliance of the LGU with the Water Quality Framework and
Management Area Action Plan. In such a case, sanctions shall be imposed
on the local government officials concerned;

Refusal to allow entry, inspection and monitoring by the Department in

accordance with this Act;

Refusal to allow access by the DENR to relevant reports and records in

accordance with this Act;

Refusal or failure to submit reports whenever required by the DENR in

accordance with this Act;

Refusal or failure to designate pollution control officers whenever required

by, the DENR in accordance with this Act; and

Directly using booster pumps in the distribution system or tampering with

the water supply in such a way as to alter or impair the water quality.
 Fines, Damages and
Penalties (Sec. 28)
Commission of Prohibited Acts and Violation of the CWA and its IRR

FINE, upon the recommendation of the PAB in the amount of

not less than Ten thousand pesos (P10,000.00) nor more than Two
hundred thousand pesos (P200,000.00) for every day of violation.

Upon recommendation of the PAB, CLOSURE, SUSPENSION

of development or construction, or CESSATION of operations or,
where appropriate DISCONNECTION of water supply, until
such time that proper environmental safeguards are put in place
and/or actual compliance with the CWA or its rules and
regulations.
 Fines, Damages and
Penalties (Sec. 28)
Failure to Undertake Clean-up Operations, Willfully, or Through Gross
Negligence

Imprisonment of not less than two (2) years and not more than
four (4) years and a fine not less than Fifty thousand pesos
(P50,000.00) and not more than One hundred thousand pesos
(P100,000.00) per day for each day of violation.

Imprisonment of not less than six (6) years and one day and not
more than twelve (12) 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, if such failure or refusal
which results in serious injury or loss of life and/or irreversible
water contamination of surface, ground, coastal and marine water
 Fines, Damages and
Penalties (Sec. 28)
Gross Violation of CWA

The PAB shall issue a resolution recommending that the

proper government agencies file criminal charges against the
violators.

The offenders shall be punished with a fine of not less than

Five hundred thousand pesos (P500,000.00) but not more
than Three million pesos (P3,000,000.00) per day for each
day of violation or imprisonment of not less than six (6) years
but not more than ten (10) years, or both, at the discretion of
the court.