Why the need for the Clean Water Act?

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 sewer
connections among major cities in Asia and less than 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.

What is the Clean Water Act?

The Philippine Clean Water Act of 2004 (Republic Act No. 9275) aims to protect the country’s
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.

Highlights of the Clean Water Act

How will water quality be managed?

Management of water quality will either be based on watershed, river basin or water resources
region. Water quality management areas with similar hydrological, hydrogeological, 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).

Who will manage these areas?

Management will be localized. Multi-sectoral governing boards will be established to manage

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.

What are the functions of the Governing Boards?

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.

How will discharges of wastewater be controlled?

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.

How will domestic wastewater be addressed?

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.

On the other hand, LGUs are to 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 collection,
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.

How will the discharge of wastewater be discouraged?

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 than 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.

What safeguards are provided for?

All possible dischargers 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.

What are the prohibited acts under R.A. 9275?

Among others, the Act prohibits the following:

1. Discharging or depositing any water pollutant to the water body, or such which will impede
natural flow in the water body
2. Discharging, injecting or allowing to enter into the soil, anything that would pollute groundwater
3. Operating facilities that discharge regulated water pollutants without the valid required permits
4. Disposal of potentially infectious medical waste into sea by vessels
5. Unauthorized transport or dumping into waters of sewage sludge or solid waste.
6. Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under
Toxic Chemicals, Hazardous and Nuclear
7. Wastes Control Act (Republic.Act No. 6969)
8. Discharging regulated water pollutants without the valid required discharge permit pursuant to
this Act
9. Noncompliance of the LGU with the Water Quality Framework and Management Area Action
Plan
10. Refusal to allow entry, inspection and monitoring as well as access to reports and records by the
DENR in accordance with this Act
11. Refusal or failure to submit reports and/or designate pollution control officers whenever
required by the DENR in accordance with this Act
12. 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
13. Operate facilities that discharge or allow to seep, willfully or through grave negligence,
prohibited chemicals, substances, or pollutantslisted under R.A. No. 6969, into water bodies.
14. Undertake activities or development and expansion of projects, or operating wastewater
treatment/sewerage facilities in violation of P.D.1586 and its IRR.
15. What are the fines and penalties imposed on polluters?
16. The following are among the fines and penalties for violators of this Act and its IRR:
  Upon the recommendation of the Pollution Adjudication Board (PAB), 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 a fine of not less than Php
50,000 and not more than 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, a fine of not less than Php 500,000 but not more than Php 3,000,000
will be imposed for each day of violation. Criminal charges may also be filed.

Who should implement the Clean Water Act?

The DENR is the primary government agency responsible for the implementation and
enforcement of this Act, with the support of other government organizations, local government units,
non -government organizations and the private sector.

Towards this end, the DENR will review and set affluent standards, review and enforce water
quality guidelines, classify groundwater sources and prepare a national groundwater vulnerability map,
classify or reclassify water bodies, establish internationally accepted procedures for sampling and
analysis, prepare an integrated water quality management framework and subsequently prepare 10-
year management plans for each water management area.

The roles of other key government agencies are:

• The Philippine Coast Guard shall enforce water quality standards in marine waters, specifically from
offshore sources.

• The Department of Public Works and Highways through its attached agencies shall provide sewerage
and sanitation facilities, and the efficient and safe collection, treatment and disposal of sewage within
their area of jurisdiction.

• The Department of Agriculture shall formulate guidelines for the re-use of wastewater for irrigation
and other agricultural uses and for the prevention, control and abatement of pollution from agricultural
and aquaculture activities.

• The Department of Health shall set, revise and enforce drinking water quality standards.

• The Department of Science and Technology shall evaluate, verify, develop and disseminate pollution
prevention and cleaner production technologies.

• The Department of Education, Commission on Higher Education, Department of Interior and Local
Government, and the Philippine Information Agency shall prepare and implement a comprehensive and
continuing public education and information program.