[REPUBLIC ACT NO.

9275] e) To promote commercial and industrial processes and products that are environment friendly
and energy efficient;
AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT
AND FOR OTHER PURPOSES f) To encourage cooperation and self-regulation among citizens and industries through the
application of incentives and market-based instruments and to promote the role of private
CHAPTER 1 industrial enterprises in shaping its regulatory profile within the acceptable boundaries of public
health and environment;
GENERAL PROVISIONS
g) To provide for a comprehensive management program for water pollution focusing on
pollution prevention;
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled.
h) To promote public information and education and to encourage the participation of an
informed and active public in water quality management and monitoring;
Article 1

i) To formulate and enforce a system of accountability for short and long-term adverse
Declaration of Principles and Policies
environmental impact of a project, program or activity; and
SECTION. 1. Short Title. — This Act shall be known as the “Philippine Clean Water Act of
j) To encourage civil society and other sectors, particularly labor, the academe and business
2004.”
undertaking environment-related activities in their efforts to organize, educate and motivate the
people in addressing pertinent environmental issues and problems at the local and national
SEC. 2. Declaration of Policy. — The State shall pursue a policy of economic growth in a levels.
manner consistent with the protection, preservation and revival of the quality of our fresh,
brackish and marine waters. To achieve this end, the framework for sustainable development
SEC. 3. Coverage of the Act. — This Act shall apply to water quality management in all water
shall be pursued. As such, it shall be the policy of the State:
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
a) To streamline processes and procedures in the prevention, control and abatement of pollution civil liability and penal provisions under this Act shall be enforced irrespective of sources of
of the country’s water resources; pollution.

b) To promote environmental strategies, use of appropriate economic instruments and of control Article 2
mechanisms for the protection of water resources;
Definition of Terms
c) To formulate a holistic national program of water quality management that recognizes that
water quality management issues cannot be separated from concerns about water sources and
SEC. 4. Definition of Terms. — As used in this Act:
ecological protection, water supply, public health and quality of life;

a) Aquifer — means a layer of water-bearing rock located underground that transmits water in
d) To formulate an integrated water quality management framework through proper delegation
sufficient quantity to supply pumping wells or natural springs.
and effective coordination of functions and activities;

b) Aquatic life — means all organisms living in freshwater, brackish and marine environments.
c) Beneficial use — means the use of the environment or any element or segment thereof e) Civil Society — means non-government organizations (NGOs) and people’s organizations
conducive to public or private welfare, safety and health; and shall include, but not be limited (POs).
to, the use of water for domestic, municipal, irrigation, power generation, fisheries, livestock
raising, industrial, recreational and other purposes. f) Cleaner production — means the application of an integrated, preventive environmental
strategy to processes, products, services to increase efficiency and reduce risks to humans and
1. Use of water for domestic purposes — means the utilization of water for drinking, washing, the environment.
bathing, cooking or other household needs, home gardens and watering of lawns or domestic
animals; g) Clean-up operations — means activities involving the removal of pollutants discharged or
spilled into a water body and its surrounding areas, and the restoration of the affected areas to
2. Use of water for municipal purposes — means the utilization of water for supplying water their former physical, chemical and biological state or conditions.
requirements of the community;
h) Contamination — means the introduction of substances not found in the natural composition
3. Use of water for irrigation — means the utilization of water for producing agricultural crops; of water that make the water less desirable or unfit for intended use.

4. Use of water for power generation — means the utilization of water for producing electrical i) Department — means the Department of Environment and Natural Resources.
or mechanical power;
j) Discharge — includes, but is not limited to, the act of spilling, leaking, pumping, pouring,
5. Use of water for fisheries — means the utilization of water for the propagation of culture of emitting, emptying, releasing or dumping of any material into a water body or onto land from
fish as a commercial enterprise; which it might flow or drain into said water.

6. Use of water for livestock raising — means the utilization of water for large herds or flocks k) Drinking water — means water intended for human consumption or for use in food
of animals raised as a commercial enterprise; preparation.

7. Use of water for industrial purposes — means the utilization of water in factories, industrial l) Dumping — means any unauthorized or illegal disposal into any body of water or land of
plants and mines, including the use of water as an ingredient of a finished product; and wastes or toxic or hazardous material: Provided, That it does not mean a release of effluent
coming from commercial, industrial, and domestic sources which are within the effluent
8. Use of water for recreational purposes — means the utilization of water for swimming pools, standards.
bath houses, boating, water skiing, golf courses and other similar facilities in resorts and other
places of recreation. m) Effluent — means discharges from known source which is passed into a body of water or
land, or wastewater flowing out of a manufacturing plant, industrial plant including domestic,
d) Classification/Reclassification of Philippine Waters — means the categorization of all water commercial and recreational facilities.
bodies taking into account, among others, the following: (1) existing quality of the body of
water; (2) size, depth, surface area covered, volume, direction, rate of flow and gradient of n) Effluent standard — means any legal restriction or limitation on quantities, rates, and/or
stream; (3) most beneficial existing and future use of said bodies of water and lands bordering concentrations or any combination thereof, of physical, chemical or biological parameters of
them, such as for residential, agricultural, aquacultural, commercial, industrial, navigational, effluent which a person or point source is allowed to discharge into a body of water or land.
recreational, wildlife conservation and aesthetic purposes; and (4) vulnerability of surface and
groundwater to contamination from pollutive and hazardous wastes, agricultural chemicals and o) Environmental management — means the entire system which includes, but is not limited
underground storage tanks of petroleum products. to, conservation, regulation and minimization of pollution, clean production, waste
management, environmental law and policy, environmental education and information, study x) Margin — means a landward and outer limiting edge adjacent to the border of any water
and mitigation of the environmental impacts of human activity, and environmental research. bodies or a limit beyond where saturation zone ceases to exist.

p) Environmental management system — means the part of the overall management system that y) National Water Quality Status Report — means a report to be prepared by the Department
includes organizational structure, planning activities, responsibilities, practices, procedures, indicating: (a) the location of water bodies, their water quality, taking into account seasonal,
processes and resources for developing, implementing, achieving, reviewing and maintaining tidal and other variations, existing and potential uses and sources of pollution per specific
the environmental policy. pollutant and pollution load assessment; (b) water quality management areas pursuant to
Section 5 of this Act; and (c) water classification.
q) Freshwater — means water containing less than 500 ppm dissolved common salt, sodium
chloride, such as that in groundwater, rivers, ponds and lakes. z) Non point source — means any source of pollution not identifiable as point source to include,
but not be limited to, run-off from irrigation or rainwater which picks up pollutants from farms
r) Groundwater — means a subsurface water that occurs beneath a water table in soils and and urban areas.
rocks, or in geological formations.
aa) Point source — means any identifiable source of pollution with specific point of discharge
s) Groundwater vulnerability — means relative ease with which a contaminant located at or into a particular water body.
near the land surface can migrate to the aquifer or deep well.
bb) Pollutant — shall refer to any substance, whether solid, liquid, gaseous or radioactive,
t) Groundwater vulnerability map — means the identified areas of the land surface where which directly or indirectly:
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 hydrogeological criteria to (i) alters the quality of any segment of the receiving water body so as to affect or tend to affect
serve as guide in the protection of the groundwater from contamination. adversely any beneficial use thereof;

u) Hazardous waste — means any waste or combination of wastes of solid, liquid, contained (ii) is hazardous or potentially hazardous to health;
gaseous, or semi-solid form which cause, or contribute to, an increase in mortality or an increase
in serious irreversible, or incapacitating reversible illness, taking into account toxicity of such (iii) imparts objectionable odor, temperature change, or physical, chemical or biological change
waste, its persistence and degradability in nature, its potential for accumulation or concentration to any segment of the water body; or
in tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic
effects on the health of persons or organism.
(iv) is in excess of the allowable limits or concentrations or quality standards specified, or in
contravention of the condition, limitation or restriction prescribed in this Act.
v) Industrial waste — means any solid, semi-solid or liquid waste material with no commercial
value released by a manufacturing or processing plant other than excluded material. cc) Pollution control technology — means pollution control devices or apparatus, processes, or
other means that effectively prevent, control or reduce pollution of water caused by effluents
w) Integrated Water Quality Management Framework — means the policy guideline and other discharges, from any point source at levels within the water pollution standards.
integrating all the existing frameworks prepared by all government agencies on water quality
involving pollution from all sources. Specifically, the framework shall contain the following: dd) Potentially infectious medical waste — includes isolation wastes, infectious agents, human
(a) water quality goals and targets; (b) period of compliance; (c) water pollution control
blood and blood products, pathological wastes, sharps, body parts, contaminated bedding,
strategies and techniques; (d) water quality information and education program; and (e) human
surgical wastes, and other disposable medical equipment and material that may pose a risk to
resources development program.
the public health, welfare or the marine environment.
ee) Secretary — means the Secretary of the Department of Environment and Natural Resources oo) Water body — means both natural and man-made bodies of fresh, brackish, and saline
(DENR). 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
ff) Septage — means the sludge produced on individual onsite wastewater-disposal systems, bodies do not refer to those constructed, developed and used purposely as water treatment
principally septic tanks and cesspools. facilities and/or water storage for recycling and re-use which are integral to process industry or
manufacturing.
gg) Sewage — means water-borne human or animal wastes, excluding oil or oil wastes,
removed from residences, buildings, institutions, industrial and commercial establishments pp) Water pollution — means any alteration of the physical, chemical or biological or
together with such groundwater, surface water and storm water as may be present including radiological properties of a water body resulting in the impairment of its purity or quality.
such waste from vessels, offshore structures, other receptacles intended to receive or retain
wastes, or other places or the combination thereof. qq) Water quality — means the characteristics of water which define its use in terms of
physical, chemical, biological, bacteriological or radiological characteristics by which the
hh) Sewerage — includes, but is not limited to, any system or network of pipelines, ditches, acceptability of water is evaluated.
channels, or conduits including pumping stations, lift stations and force mains, service
connections including other constructions, devices, and appliances appurtenant thereto, which rr) Water quality guidelines — means the level for a water constituent or numerical values of
involves the collection, transport, pumping and treatment of sewage to a point of disposal. physical, chemical, biological and bacteriological or radiological parameters which are used to
classify water resources and their use, which does not result in significant health risk and which
ii) Sludge — means any solid, semi-solid or liquid waste or residue generated from a are not intended for direct enforcement but only for water quality management purposes, such
wastewater treatment plant, water supply treatment plant, or water control pollution facility, or as determining time trends, evaluating stages of deterioration or enhancement of the water
any other such waste having similar characteristics and effects. quality, and as basis for taking positive action in preventing, controlling or abating water
pollution.
jj) Surface water — means all water which is open to the atmosphere and subject to surface
run-off. ss) Water Quality Management Area Action Plan — includes, but not be limited to, the
following: (a) goals and targets including sewerage or septage program; (b) schedule of
compliance to meet the applicable requirements of this Act; (c) water pollution control
kk) Treatment — means any method, technique, or process designed to alter the physical,
strategies or techniques; (d) water quality information and education program; (e) resource
chemical or biological and radiological character or composition of any waste or wastewater to
requirement and possible sources; (f) enforcement procedures of the plan; and (g) rewards and
reduce or prevent pollution.
incentives under Chapter 4 of this Act.
ll) Toxic amount — means the lowest amount of concentration of toxic pollutants which may
cause chronic or long-term acute or lethal conditions or effects to the aquatic life or health of
persons or which may adversely affect designated water uses.

mm) Waste — means any material either solid, liquid, semi-solid, contained gas or other forms
resulting from industrial, commercial, mining or agricultural operations, or from community
and household activities that is devoid of usage and discarded.

nn) Wastewater — means waste in liquid state containing pollutants.

 CHAPTER 2 b) One (1) member shall be a Chemical Engineer, Chemist, Sanitary Engineer, Environmental
Engineer or Ecologist or have significant training and experience in chemistry;
WATER QUALITY MANAGEMENT SYSTEM
c) One (1) member shall be a Civil Engineer or Hydrologist or have significant training and
Article 1 experience in closely related fields and mainly experience on ground water, respectively; and

General Provisions d) One (1) member shall be a Geologist or Biologist or have significant training and experience
in closely related fields.
SEC. 5. Water Quality Management Area. — The Department, in coordination with National
Water Resources Board (NWRB), shall designate certain areas as water quality management The areas within the jurisdiction of the Laguna Lake Development Authority (LLDA) shall be
areas using appropriate physiographic units such as watershed, river basins or water resources designated as one management area under the administration of LLDA in accordance with
regions. Said management areas shall have similar hydrological, hydrogeological, Republic Act No. 4850, as amended: Provided, however, That the standards promulgated
meteorological or geographic conditions which affect the physicochemical, biological and pursuant to this Act and wastewater charge system established pursuant hereof shall be enforced
bacteriological reactions and diffusions of pollutants in the water bodies, or otherwise share in said area.
common interest or face similar development programs, prospects, or problems.
SEC. 6. Management of Non-attainment Areas. — The Department shall designate water
Said management area shall be governed by a governing board composed of representatives of bodies, or portions thereof, where specific pollutants from either natural or man-made source
mayors and governors of member local government units (LGUs), and representatives of have already exceeded water quality guidelines as non-attainment areas for the exceeded
relevant national government agencies, duly registered nongovernmental organization, water pollutants. It shall prepare and implement a program that will not allow new sources of exceeded
utility sector, and business sector. The Department representative shall chair the governing water pollutant in non-attainment areas without a corresponding reduction in discharges from
board. In the case of the LGUs with memberships on more than one (1) management board, the existing sources: Provided, That if the pollutant is naturally occurring, e.g. naturally high boron
LGU shall designate only one (1) single representative for all the management areas where it is and other elements in geothermal areas, discharge of such pollutant may be allowed: Provided,
a member. further, That the effluent concentration of discharge shall not exceed the naturally occurring
level of such pollutant in the area: Provided, finally, That the effluent concentration and volume
of discharge shall not adversely affect water supply, public health and ecological protection.
The governing board shall formulate strategies to coordinate policies necessary for the effective
implementation of this Act in accordance with those established in the framework and monitor
the compliance with the action plan. The Department shall, in coordination with NWRB, Department of Health (DOH), Department
of Agriculture (DA), governing board and other concerned government agencies and private
sectors shall take such measures as may be necessary to upgrade the quality of such water in
Each management area shall create a multi-sectoral group to establish and effect water quality
non-attainment areas to meet the standards under which it has been classified.
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.
Upgrading of water quality shall likewise include undertakings which shall improve the water
quality of a water body to a classification that will meet its projected or potential use.
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 shall be composed
of at least four (4) members who shall have the following minimum qualifications: The LGUs shall prepare and implement contingency plans and other measures including
relocation, whenever necessary, for the protection of health and welfare of the residents within
a) One (1) member shall be a member of the Philippine Bar; potentially affected areas.
SEC. 7. National Sewerage and Septage Management Program. — The Department of Public including guidelines for the establishment and operation of centralized sewage treatment
Works and Highways (DPWH), through its relevant attached agencies, in coordination with the system.
Department, LGUs and other concerned agencies, shall, as soon as possible, but in no case
exceeding a period of twelve (12) months from the effectivity of this Act, prepare a national SEC. 9. National Water Quality Management Fund. — A water quality management fund, to
program on sewerage and septage management in connection with Section 8 hereof. be administered by the Department, in coordination with other concerned agencies, as a special
account in the National Treasury is hereby established. The fund shall be used to finance the
Such program shall include a priority listing of sewerage, septage and combined sewerage- following:
septage projects for LGUs based on population density and growth, degradation of water
resources, topography, geology, vegetation, programs/projects for the rehabilitation of existing a) Finance containment and clean-up operations of the government in water pollution cases;
facilities and such other factors that the Secretary may deem relevant to the protection of water
quality. On the basis of such national listing, the national government may allot, on an annual
b) Guarantee restoration of ecosystems and rehabilitation of affected areas;
basis, funds for the construction and rehabilitation of required facilities.
c) Support research, enforcement and monitoring activities;
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 treatment facilities.
d) Provide technical assistance to the implementing agencies;
Each LGU may raise funds to subsidize necessary expenses for the operation and maintenance
of sewerage treatment or septage facility servicing their area of jurisdiction through local e) Grant rewards and incentives;
property taxes and enforcement of a service fee system.
f) Support information and educational campaign; and
SEC. 8. Domestic Sewage Collection, Treatment and Disposal. — Within five (5) years
following the effectivity of this Act, the agency vested to provide water supply and sewerage g) Such other disbursements made solely for the prevention, control or abatement of water
facilities and/or concessionaires in Metro Manila and other highly urbanized cities (HUCs) as pollution and management and administration of the management areas in the amounts
defined in Republic Act No. 7160, in coordination with LGUs, shall be required to connect the authorized by the Department.
existing sewage line found in all subdivisions, condominiums, commercial centers, hotels,
sports and recreational facilities, hospitals, market places, public buildings, industrial complex The fines imposed and damages awarded to the government by the Pollution Adjudication
and other similar establishments including households to available sewerage system: Provided, Board (PAB), proceeds of permits issued by the Department under this Act, donations,
That the said connection shall be subject to sewerage services charge/fees in accordance with endowments and grants in the form of contributions to the national government under this Act
existing laws, rules or regulations unless the sources had already utilized their own sewerage shall form part of the fund. Such donations, endowments and grants shall be exempt from
system: Provided, further, That all sources of sewage and septage shall comply with the donor’s taxes and all other taxes, charges or fees imposed by the government and shall be
requirements herein. deductible from the gross income of the donor for income tax purposes.

In areas not considered as HUCs, the DPWH in coordination with the Department, DOH and Disbursements from the fund shall be subject to the usual accounting and budgeting rules and
other concerned agencies, shall employ septage or combined sewerage-septage management regulations.
system.
SEC. 10. The Area Water Quality Management Fund. — The area water quality management
For the purpose of this section, the DOH, in coordination with other government agencies, shall fund is hereby established for the maintenance and upkeep of the water bodies in a water quality
formulate guidelines and standards for the collection, treatment and disposal of sewage management area. The fund shall be utilized for the grant of rewards and incentives for entities
whose effluent discharges are better than the water quality criteria of the target classification of
the receiving body of water, loans for acquisitions and repairs of facilities to reduce quantity Centers through the collection of wastewater charges/fees. The system shall be established on
and improve quality of wastewater discharges, and regular maintenance of the water bodies the basis of payment to the government for discharging wastewater into the water bodies.
within the management area. Wastewater charges shall be established taking into consideration the following:

An amount of not more than ten percent (10%) of the total amount accruing to the funds (a) To provide strong economic inducement for polluters to modify their production or
annually shall be allocated for the operational expenses of the governing board, its secretariat management processes or to invest in pollution control technology in order to reduce the amount
and multi-sectoral water quality surveillance and monitoring network. of water pollutants generated;

This fund shall initially be sourced from the fines incurred by the establishments located in rural (b) To cover the cost of administering water quality management or improvement programs;
areas before the effectivity of this Act. Thereafter, the fees collected under the wastewater
charge system established under Section 13 of this Act, donations, endowments and grants for (c) Reflect damages caused by water pollution on the surrounding environment, including the
water quality management of the area shall accrue to the fund. cost of rehabilitation;

Disbursements from the fund shall be subject to the usual accounting and budgeting rules and (d) Type of pollutant;
regulations. This fund shall be managed by the Board of the corresponding management area.
(e) Classification of the receiving water body; and
SEC. 11. Water Quality Variance for Geothermal and Oil and Gas Exploration. — The
Department may provide variance in water quality criteria and standards for geothermal
(f) Other special attributes of the water body.
exploration that encounters reinjection constraints: Provided, That there shall be provision for
adequate protection of beneficial use of water bodies downstream of the geothermal
project: Provided, further, That this provision may be applied to oil and gas exploration as The fee shall be based on the net waste load depending on the wastewater charge formula which
determined by the Department. shall be established with due public consultation within six (6) months 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 final effluent discharge of an industry: Provided,
SEC. 12. Categories of Industry Sector. — Within twenty-four (24) months from the effectivity
further, That no net waste load shall be lower than the initial waste load: Provided, finally, That
of this Act, and every two (2) years thereafter, the Department shall, through due public
wastewater charge system shall not apply to wastewater from geothermal exploration.
consultation, revise and publish a list of categories of industry sector for which effluent
standards will be provided for each significant wastewater parameter per industry sector.
Industries whose water effluent are within standards promulgated pursuant to this Act, shall
only be charged with minimal reasonable amount which shall be determined by the Department
The Department shall provide additional classification based on other parameters specifically
after due public consultation, giving account to volumetric rate of discharge and the effluent
associated to discharge of a particular industry which shall be included in the listing of
concentration.
categories prescribed in the preceding paragraph.
SEC. 14. Discharge Permits. — The Department shall require owners or operators of facilities
Article 2
that discharge regulated effluents pursuant to this Act to secure a permit to discharge. The
discharge permit shall be the legal authorization granted by the Department to discharge
Water Pollution Permits and Charges 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,
SEC. 13. Wastewater Charge System. — The Department shall implement a wastewater charge compliance schedule and monitoring requirement.
system in all management areas including the Laguna Lake Region and Regional Industrial
As part of the permitting procedure, the Department shall encourage the adoption of waste coordination with other government agencies concerned, shall conduct containment, removal
minimization and waste treatment technologies when such technologies are deemed cost and clean-up operations. Expenses incurred in said operations shall be reimbursed by the
effective. The Department shall also develop procedures to relate the current water quality persons found to have caused such pollution upon proper administrative determination in
guideline or the projected water quality guideline of the receiving water body/ies with total accordance with this Act. Reimbursements of the cost incurred shall be made to the Water
pollution loadings from various sources, so that effluent quotas can be properly allocated in the Quality Management Fund or to such other funds where said disbursements were sourced.
discharge permits. For industries without any discharge permit, they may be given a period of
twelve (12) months after the effectivity of the implementing rules and regulations promulgated SEC. 17. Programmatic Environmental Impact Assessment. — The Department shall
pursuant to this Act, to secure a discharge permit. implement programmatic compliance with the environmental impact assessment system, as in
the following types of development:
Effluent trading may be allowed per management area.
a) development consisting of a series of similar projects, or a project subdivided into several
Article 3 phases and/or stages whether situated in a contiguous area or geographically dispersed; and

Financial Liability Mechanism b) development consisting of several components or a cluster of projects co-located in an area
such as an industrial estate, an export processing zone, or a development zone identified in a
SEC. 15. Financial Liability for Environmental Rehabilitation. — The Department shall local land use plan.
require program and project proponents to put up environmental guarantee fund (EGF) as part
of the environmental management plan attached to the environmental compliance certificate Programmatic compliance with the environmental impact assessment system shall be guided
pursuant to Presidential Decree No. 1586 and its implementing rules and regulations. The EGF by carrying capacity assessments determined from ecological profiles. Ecological profiles shall
shall finance the maintenance of the health of the ecosystems and specially the conservation of identify environmental constraints and opportunities in programmatic areas. Programmatic
watersheds and aquifers affected by the development, and the needs of emergency response, assessment shall also take into account cumulative impacts and risks.
clean-up or rehabilitation of areas that may be damaged during the program’s or project’s actual
implementation. Liability for damages shall continue even after the termination of a program Consistent with the provisions of the Local Government Code, the Department may enter into
or project and, until the lapse of a given period indicated in the environmental compliance agreement with LGUs to incorporate programmatic environmental impact assessment into the
certificate, as determined by the Department. preparation, updating or revision of local land use plans and area development plans.

The EGF may be in the form of a trust fund, environmental insurance, surety bonds, letters of SEC. 18. Environmental Impact Assessment System Programmatic Compliance with Water
credit, self-insurance and any other instruments which may be identified by the Department. Quality Standards. — The Department may allow each regional industrial center established
The choice of the guarantee instrument or combinations thereof shall depend, among others, on pursuant to Republic Act No. 7916 (PEZA law) to allocate effluent quotas to pollution sources
the assessment of the risks involved and financial test mechanisms devised by the Department. within its jurisdiction that qualify under an environmental impact assessment system
Proponents required to put up guarantee instruments shall furnish the Department with evidence programmatic compliance program in accordance with Presidential Decree No. 1586 and its
of availment of such instruments from accredited financial instrument providers. implementing rules and regulations.

SEC. 16. Clean-Up Operations. — Notwithstanding the provisions of Sections 15 and 26

hereof, any person who causes pollution in or pollutes water bodies in excess of the applicable
and prevailing standards shall be responsible to contain, remove and clean-up any pollution
incident at his own expense to the extent that the same water bodies have been rendered unfit
for utilization and beneficial use: Provided, That in the event emergency clean-up operations
are necessary and the polluter fails to immediately undertake the same, the Department, in
 CHAPTER 3 g) Establish within twelve (12) months from the effectivity of this Act, internationally-accepted
procedures for sampling and analysis of pollutants and in coordination with other concerned
INSTITUTIONAL MECHANISM agencies, formulate testing procedures and establish an accreditation system for laboratories;

SEC. 19. Lead Agency. — The Department shall be the primary government agency responsible h) Within eighteen (18) months from the effectivity of this Act and every two (2) years
for the implementation and enforcement of this Act unless otherwise provided herein. As such, thereafter, categorize point and non-point sources of water pollution;
it shall have the following functions, powers and responsibilities:
i) Classify groundwater sources within twelve (12) months from the effectivity of this Act;
a) Prepare a National Water Quality Status Report within twenty-four (24) months from the
effectivity of this Act: Provided, That the Department shall thereafter review or revise and j) Classify or reclassify all water bodies according to their beneficial usages: Provided, That in
publish annually, or as the need arises, said report; the interim, the provisions of DENR Administrative Order No. 34 shall apply: Provided,
further, That such classification or reclassification shall take into consideration the operation of
b) Prepare an Integrated Water Quality Management Framework within twelve (12) months businesses or facilities that are existing prior to the effectivity of the Act: Provided,
following the completion of the status report; furthermore, That the Department may authorize the use of the water for other purposes that
are more restrictive in classification: Provided, finally, That discharges resulting from such use
c) Prepare a ten (10)-year Water Quality Management Area Action Plan within twelve (12) shall meet the effluent standards set by the Department;
months following the completion of the framework for each designated water management area.
Such action plan shall be reviewed by the water quality management area governing board k) Exercise jurisdiction over all aspects of water pollution, determine its location, magnitude,
every five (5) years or as the need arises; extent, severity, causes, effects and other pertinent information on pollution, and to take
measures, using available methods and technologies to prevent and abate such pollution;
d) Prepare and publish a national groundwater vulnerability map incorporating the prevailing
standards and methodologies, within twenty-four (24) months after the effectivity of this Act; l) Exercise supervision and control over all aspects of water quality management;

e) Enforce, review and revise within twelve (12) months from the effectivity of this Act water m) Establish a cooperative effort in partnership with the government, LGUs, academic
quality guidelines after due consultation with the concerned stakeholder sectors: Provided, That institutions, civil society and the private sector to attain the objectives of this Act;
the Department, in coordination with appropriate agencies shall review said guidelines every
five (5) years or as need arises; n) Disseminate information and conduct educational awareness and value formation programs
and campaigns on the effects of water pollution on health and environment, water quality
f) Review and set effluent standards every five (5) years from the effectivity of this Act or management, and resource conservation and recovery to encourage an environmentally action-
sooner as determined by the Department: Provided, That in the interim, the provisions of DENR oriented society in coordination with government agencies identified in Section 22 (f);
Administrative Order No. 35 of the Department shall apply: Provided, further, That when new
and more stringent standards are set in accordance with this section, the Department may o) Promote and encourage private and business sectors especially manufacturing and processing
establish a grace period with a maximum of five (5) years: Provided, finally, That such grace plants the use of water quality management systems equipment, including but not limited to,
period shall be limited to the moratorium on the issuance of cease and desist and/or closure industrial wastewater treatment collection and treatment facilities;
order against the industry’s operations except in the event such operation poses serious and
grave threat to the environment, or the industry fails to institute retooling, upgrading or p) Report, on an annual basis, to Congress the quality status of water bodies and other pertinent
establishing an environmental management system (EMS). information and recommend possible legislation, policies and programs for environmental
management and water pollution control;
q) Issue rules and regulations for the effective implementation of the provisions of this Act; e) To coordinate with other government agencies and civil society and the concerned sectors in
the implementation of measures to prevent and control water pollution: Provided, however,
r) Issue orders against any person or entity and impose fines, penalties and other administrative That in provinces/cities/municipalities where there are no environment and natural resources
sanctions to compel compliance with water quality regulations and the provisions of this Act; officers, the local executive concerned may with the approval of the Secretary of the DENR
designate any of his official and/or chief of office preferably the provincial, city or municipal
agriculturist, or any of his employee: Provided, finally, That in case an employee is designated
s) Undertake appropriate protocol with other concerned agencies for immediate coordinated
as such, he must have sufficient experience in environmental and natural resources
responses to water related emergency incidents;
management, conservation and utilization.
t) Issue permits, clearances and similar instruments pursuant to this Act; and
SEC. 21. Business and Industry Role in Environmental Management. — The Department and
the LGUs, in coordination with the appropriate government agencies, and in consultation with
u) Exercise such powers and perform such other functions as may be necessary to carry out the the business and industrial sectors including chambers of commerce, shall formulate
objectives of this Act. appropriate incentives for the adoption of procedures that will preserve and protect our water
bodies through the introduction of innovative equipment and processes that reduce if not totally
The Department shall gradually devolve to the LGUs, and to the governing boards the authority eliminate the discharge of pollutants into our water bodies.
to administer some aspects of water quality management and regulation, including, but not to
be limited to, permit issuance, monitoring and imposition of administrative penalties, when, SEC. 22. Linkage Mechanism. — The Department and its concerned attached agencies
upon the Department’s determination, the LGU or the governing board has demonstrated including LLDA shall coordinate and enter into agreement with other government agencies,
readiness and technical capability to undertake such functions. industrial sector and other concerned sectors in the furtherance of the objectives of this Act.
The following agencies shall perform the functions specified hereunder:
SEC. 20. Role of Local Government Units (LGUs). — LGUs shall share the responsibility in
the management and improvement of water quality within their territorial jurisdictions. a) Philippine Coast Guard in coordination with the DA and the Department shall enforce for
the enforcement of water quality standards in marine waters, set pursuant to this Act,
Each LGU shall within six (6) months after the establishment of the water quality management specifically from offshore sources;
area action plan prepare a compliance scheme in accordance thereof, subject to review and
approval of the governing board. b) DPWH through its attached agencies, such as the MWSS, LWUA, and including other urban
water utilities for the provision of sewerage and sanitation facilities and the efficient and safe
Each LGU shall, through its Environment and Natural Resources Office (ENRO) established in collection, treatment and disposal of sewage within their area of jurisdiction;
Republic Act No. 7160, have the following powers and functions:
c) DA, shall coordinate with the Department, in the formulation of guidelines for the re-use of
a) Monitoring of water quality; wastewater for irrigation and other agricultural uses and for the prevention, control and
abatement of pollution from agricultural and aquaculture activities: Provided, That discharges
b) Emergency response; coming from non-point sources be categorized and further defined pursuant to this
Act: Provided, further, That the Bureau of Fisheries and Aquatic Resources (BFAR) of the DA
c) Compliance with the framework of the Water Quality Management Action Plan; shall be primarily responsible for the prevention and control of water pollution for the
development management and conservation of the fisheries and aquatic resources;
d) To take active participation in all efforts concerning water quality protection and
rehabilitation; and d) DOH shall be primarily responsible for the promulgation, revision and enforcement of
drinking water quality standards;
e) DOST, in coordination with the Department and other concerned agencies shall prepare a CHAPTER 4
program for the evaluation, verification, development and public dissemination of pollution
prevention and cleaner production technologies; and INCENTIVES AND REWARDS

f) Department of Education (DepEd), Commission on Higher Education (CHED), Department SEC. 25. REWARDS. — Rewards, monetary or otherwise, shall be provided to individuals,
of the Interior and Local Government (DILG) and Philippine Information Agency (PIA) shall private organization and entities, including civil society, that have undertaken outstanding and
assist and coordinate with the Department in the preparation and implementation of a innovative projects, technologies, processes and techniques or activities in water quality
comprehensive and continuing public education and information program pursuant to the management. Said rewards shall be sourced from the Water Quality Management Fund herein
objectives of this Act. created.

SEC. 23. Requirement of Record-keeping, Authority for Entry to Premises and Access to SEC. 26. Incentives Scheme. — An incentive scheme is hereby provided for the purpose of
Documents. — The Department or its duly authorized representative shall, after proper encouraging LGUs, water districts (WDs), enterprises, or private entities, and individuals, to
consultation and notice, require any person who owns or operates any pollution source or who develop or undertake an effective water quality management, or actively participate in any
is subject to any requirement of this Act to submit reports and other written information as may program geared towards the promotion thereof as provided in this Act.
be required by the Department.
A. Non-fiscal Incentive
Any record, report or information obtained under this section shall be made available to the
public, except upon a satisfactory showing to the Department by the entity concerned that the
1. Inclusion in the Investments Priority Plan (IPP). — Subject to the rules and regulations of
record, report, or information or parts thereof, if made public, would divulge secret methods or
the Board of Investments (BOI), industrial wastewater treatment and/or adoption of water
processes entitled to protection as intellectual property. Such record, report or information shall
pollution control technology, cleaner production and waste minimization technology shall be
likewise be incorporated in the Department’s industrial rating system. Pursuant to this Act, the
classified as preferred areas of investment under its annual priority plan and shall enjoy the
Department, through its authorized representatives, shall have the right to: (a) enter any applicable fiscal and non-fiscal incentives as may be provided for under the Omnibus
premises or to have access to documents and relevant materials as referred to in the herein Investment Code, as amended.
preceding paragraph; (b) inspect any pollution or waste source, control device, monitoring
equipment or method required; and (c) test any discharge.
Fiscal Incentives
In cases of fish kill incidence, the Bureau of Fisheries of the DA, in the course of its
investigation, may enter the premises of an establishment reported to have caused said incident. 1. Tax and Duty Exemption on Imported Capital Equipment — Within ten (10) years upon the
effectivity of this Act, LGUs, WDs, enterprises or private entities shall enjoy tax-and-duty-free
importation of machinery, equipment and spare parts used for industrial wastewater
SEC. 24. POLLUTION RESEARCH AND DEVELOPMENT PROGRAMS. — The
treatment/collection and treatment facilities: Provided, That the importation of such machinery,
Department, in coordination with the Department of Science and Technology (DOST), and
equipment and spare parts shall comply with the following conditions:
other concerned 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
program, the DOST shall conduct and promote the coordination and acceleration of research, a) They are not manufactured domestically in sufficient quantity, of comparable quality and at
investigation, experiments, training, surveys and studies relating to the causes, extent, reasonable prices;
prevention and control of pollution among concerned government agencies and research
institutions. b) They are reasonably needed and will be used actually, directly and exclusively for the above
mentioned activities; and
c) Written endorsement by the Department that the importation of such machinery, equipment C. Extension of Grants to LGUs
and spare parts would be beneficial to environmental protection and management: Provided,
further, That the sale, transfer or disposition of such machinery, equipment and spare parts Cities and municipalities which shall establish or operate sewerage facilities may be entitled to
without prior approval of the BOI within five (5) years from the date of acquisition shall be receive grants for the purpose of developing technical capabilities.
prohibited, otherwise the LGU concerned, WD, enterprise or private entity and the concerned
vendee, transferee or assignee shall be solidarily liable to pay twice the amount of tax and duty
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exemption given it.
CIVIL LIABILITY/PENAL PROVISIONS
2. Tax Credit on Domestic Capital Equipment — Within ten (10) years from the effectivity of
this Act, a tax credit equivalent to one hundred percent (100%) of the value of the national
internal revenue taxes and customs duties that would have been waived on the machinery, SEC. 27. Prohibited Acts. — The following acts are hereby prohibited:
equipment, and spare parts, had these items been imported shall be given to enterprises or
private entities and individuals, subject to the same conditions and prohibition cited in the a) Discharging, depositing or causing to be deposited material of any kind directly or indirectly
preceding paragraph. 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,
3. Tax and Duty Exemption of Donations, Legacies and Gifts — All legacies, gifts and which could cause water pollution or impede natural flow in the water body;
donations to LGUs, WDs, enterprises, or private entities and individuals, for the support and
maintenance of the program for effective water quality management shall be exempt from b) Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form
donor’s tax and shall be deductible from the gross income of the donor for income tax purposes. 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,
Imported articles donated to, or for the account of any LGUs, WDs, local water utilities, commissioning, venting) and deep re-injection of geothermal liquids may be
enterprises, or private entities and individuals to be exclusively used for water quality allowed: Provided, That safety measures are adopted to prevent the contamination of the
management programs shall be exempted from the payment of customs duties and applicable groundwater;
internal revenue taxes.
c) Operating facilities that discharge regulated water pollutants without the valid required
Industrial wastewater treatment and/or installation of water pollution control devices shall be permits or after the permit was revoked for any violation of any condition therein;
classified as pioneer and preferred areas of investment under the BOI’s annual priority plan and
shall enjoy the applicable fiscal and non-fiscal incentives as may be provided for under the d) Disposal of potentially infectious medical waste into sea water by vessels unless the health
Omnibus Investment Code, as amended. or safety of individuals on board the vessel is threatened by a great and imminent peril;

B. Financial Assistance Program e) Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as defined
under Republic Act No. 9003;
Government financial institutions such as the Development Bank of the Philippines, Land Bank
of the Philippines, Government Service Insurance System, and such other government f) Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed
institutions providing financial services shall, in accordance with and to the extent allowed by under Republic Act No. 6969;
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 g) Operate facilities that discharge or allow to seep, willfully or through gross negligence,
collection and treatment facilities. prohibited chemicals, substances or pollutants listed under Republic Act No. 6969, into water
bodies or wherein the same shall be liable to be washed into such surface, ground, coastal, and water supply, until such time that proper environmental safeguards are put in place and/or
marine water; compliance with this Act or its rules and regulations are undertaken. This paragraph shall be
without prejudice to the issuance of an ex parte order for such closure, suspension of
h) Undertaking activities or development and expansion of projects, or operating development or construction, or cessation of operations during the pendency of the case.
wastewater/sewerage facilities in violation of Presidential Decree No. 1586 and its
implementing rules and regulations; Failure to undertake clean-up operations, willfully, or through gross negligence, shall be
punished by imprisonment of not less than two (2) years and not more than four (4) years and
i) Discharging regulated water pollutants without the valid required discharge permit pursuant a fine not less than Fifty thousand pesos (₱50,000.00) and not more than One hundred thousand
to this Act or after the permit was revoked or any violation of any condition therein; pesos (₱100,000.00) per day for each day of violation. 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 shall be punished with imprisonment of not less than six (6) years and one (1)
j) Noncompliance 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 day and not more than twelve (12) years, and a fine of Five hundred thousand pesos
concerned; (₱500,000.00) per day for each day during which the omission and/or contamination continues.

In case of gross violation of this Act, the PAB shall issue a resolution recommending that the
k) Refusal to allow entry, inspection and monitoring by the Department in accordance with this
proper government agencies file criminal charges against the violators. Gross violation shall
Act;
mean any of the following:
l) Refusal to allow access by the Department to relevant reports and records in accordance with
a) deliberate discharge of toxic pollutants identified pursuant to Republic Act No. 6969 in toxic
this Act;
amounts;
m) Refusal or failure to submit reports whenever required by the Department in accordance
with this Act; b) five (5) or more violations within a period of two (2) years;

c) blatant disregard of the orders of the PAB, such as the non-payment of fines, breaking of
n) Refusal or failure to designate pollution control officers whenever required by the
seals or operating despite the existence of an order for closure discontinuance or cessation of
Department in accordance with this Act; and
operation.
o) Directly using booster pumps in the distribution system or tampering with the water supply
In which case, offenders shall be punished with a fine of not less than Five hundred thousand
in such a way as to alter or impair the water quality.
pesos (₱500,000.00) but not more than Three million pesos (₱3,000,000.00) per day for each
day of violation or imprisonment of not less than six (6) years but not more than ten (10) years,
SEC. 28. Fines, Damages and Penalties. — Unless otherwise provided herein, any person who or both, at the discretion of the court. If the offender is a juridical person, the president, manager
commits any of the prohibited acts provided in the immediately preceding section or violates and the pollution control officer or the official in charge of the operation shall suffer the penalty
any of the provision of this Act or its implementing rules and regulations, shall be fined by the herein provided.
Secretary, upon the recommendation of the PAB in the amount of not less than Ten thousand
pesos (₱10,000.00) nor more than Two hundred thousand pesos (₱200,000.00) for every day of
violation. The fines herein prescribed shall be increased by ten percent (10%) every two (2) For violations falling under Section 4 of Presidential Decree No. 979 or any regulations
years to compensate for inflation and to maintain the deterrent function of such fines: Provided, prescribed in pursuance thereof, such person shall be liable for a fine of not less than Fifty
thousand pesos (₱50,000.00) nor more than One million pesos (₱1,000,000.00) or by
That the Secretary, upon recommendation of the PAB may order the closure, suspension of
imprisonment of not less than one (1) year nor more than six (6) years or both, for each offense,
development or construction, or cessation of operations or, where appropriate disconnection of
without prejudice to the civil liability of the offender in accordance with existing laws. If the
offender is a juridical entity, then its officers, directors, agents or any person primarily implementation of this Act. Thereafter, the amount necessary to effectively carry out the
responsible shall be held liable: Provided, That any vessel from which oil or other harmful provisions of this Act shall be included in the General Appropriations Act of the year following
substances are discharged in violation of Section 4 of Presidential Decree No. 979 shall be liable its enactment into law and thereafter.
for penalty of fine specified in the immediately preceding paragraph and clearance of such
vessel from the port of the Philippines may be withheld until the fine is paid and such penalty SEC. 32. Implementing Rules and Regulations. — The Department, in coordination with the
shall constitute a lien on such vessel which may be recovered in proceedings by libel in rem in Committees on Environment and Ecology of the Senate and the House of Representatives,
the proper court which the vessel may be. The owner or operator of a vessel or facility which respectively and other concerned agencies, shall promulgate the implementing rules and
discharged the oil or other harmful substances will be liable to pay for any clean-up costs. regulations for this Act, within one (1) year after the enactment of this Act: Provided, That rules
and regulations issued by other government agencies and instrumentalities for the prevention
Provided, finally, That water pollution cases involving acts or omissions committed within the and/or abatement of water pollution not inconsistent with this Act shall supplement the rules
Laguna Lake Region shall be dealt with in accordance with the procedure under Republic Act and regulations issued by the Department, pursuant to the provisions of this Act.
No. 4850 as amended.
The draft of the implementing rules and regulations shall be published and be the subject of
SEC. 29. Administrative Sanctions Against Non-compliance with the Water Quality public consultations with affected sectors.
Management Area Action Plan. — Local government officials concerned shall be subject to
administrative sanctions in case of failure to comply with their action plan in accordance with There shall be a mandatory review of the implementing rules and regulations and standards set
the relevant provisions of Republic Act No. 7160. pursuant to the provisions of this Act.

CHAPTER 6 SEC. 33. Joint Congressional Oversight Committee. — There is hereby created a Joint
Congressional Oversight Committee to monitor the implementation of this Act and to review
ACTIONS the implementing rules and regulations promulgated by the Department. The Committee shall
be composed of five (5) Senators and five (5) Representatives to be appointed by the Senate
SEC. 30. Administrative Action. — Without prejudice to the right of any affected person to file President and the Speaker of the House of Representatives, respectively. The Oversight
an administrative action, the Department shall, on its own instance or upon verified complaint Committee shall be co-chaired by the Chairpersons of the Committee on Environment of the
by any person, institute administrative proceedings in the proper forum against any person who Senate and the Committee on Ecology of the House of Representatives.
violates:
SEC. 34. Repealing Clause. — Presidential Decree No. 984 is hereby repealed. Republic Act
a) Standards or limitations provided by this Act; or 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, rules and regulations
inconsistent herewith are hereby repealed or modified accordingly.
b) By any such order, rule or regulation issued by the Department with respect to such standard
or limitation.
SEC. 35. Separability Clause. — If any provision of this Act or the application of such
provision to any person or circumstances is declared unconstitutional, the remainder of the Act
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or the application of such provision to other person or circumstances shall not be affected by
such declaration.
FINAL PROVISIONS
SEC. 36. Effectivity. — This Act shall take effect fifteen (15) days from the date of its
SEC. 31. Appropriations. — An amount of One hundred million pesos (P100,000,000.00) shall publication in the Official Gazette or in at least two (2) newspapers of general circulation.
be appropriated from the savings of the National Government to the Department for the initial