The document summarizes key aspects of Republic Act 9275, also known as the Philippine Clean Water Act of 2004. It discusses that [1] water shortage is likely by 2040 due to population growth and climate change. It also outlines sources of wastewater and improperly disposed waste. [2] The Act requires a wastewater charge system and environmental guarantee funds. [3] It mandates permits for facilities discharging effluents and specifies permit contents. [4] Polluters are responsible for clean-up costs and the DENR coordinates enforcement with other agencies and LGUs.
The document summarizes key aspects of Republic Act 9275, also known as the Philippine Clean Water Act of 2004. It discusses that [1] water shortage is likely by 2040 due to population growth and climate change. It also outlines sources of wastewater and improperly disposed waste. [2] The Act requires a wastewater charge system and environmental guarantee funds. [3] It mandates permits for facilities discharging effluents and specifies permit contents. [4] Polluters are responsible for clean-up costs and the DENR coordinates enforcement with other agencies and LGUs.
The document summarizes key aspects of Republic Act 9275, also known as the Philippine Clean Water Act of 2004. It discusses that [1] water shortage is likely by 2040 due to population growth and climate change. It also outlines sources of wastewater and improperly disposed waste. [2] The Act requires a wastewater charge system and environmental guarantee funds. [3] It mandates permits for facilities discharging effluents and specifies permit contents. [4] Polluters are responsible for clean-up costs and the DENR coordinates enforcement with other agencies and LGUs.
The document summarizes key aspects of Republic Act 9275, also known as the Philippine Clean Water Act of 2004. It discusses that [1] water shortage is likely by 2040 due to population growth and climate change. It also outlines sources of wastewater and improperly disposed waste. [2] The Act requires a wastewater charge system and environmental guarantee funds. [3] It mandates permits for facilities discharging effluents and specifies permit contents. [4] Polluters are responsible for clean-up costs and the DENR coordinates enforcement with other agencies and LGUs.
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R.A.
9275
ilippine Clean Water A
The country is likely to experience severe water shortage by 2040 due to the combined impact of rapid population growth and climate -Sen. Loren Legarda change. Domestic 33% Agricultural 29%
Industrial 27% Other Sources 11%
roximately 2,000 cubic meters of solvent wastes, 22,000 ton vy metals, infectious wastes, biological sludge, lubricants, an actable wastes, as well as 25 million cubic meters of acid/alka d wastes are improperly disposed of annually in the Metro ila area alone. - United Nations Industrial Develop Organization (UNIDO), 1999 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.
- Sec. 13, RA 9275
WDF = Ln x R
WDF - wastewater discharge fee
Ln - net waste load (kg/yr) R - is the rate per kilogram (Php/kg) BOD concentration - for wastewaters that have high organic or biodegradable materials TSS concentration - for high inorganic or non-biodegradable materials.
- Rule 13, IRR of R.A. 9275
The Department shall require owners or operators of facilities 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 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.
- Sec. 14, RA 9275
The Department shall 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 pursuant to Presidential Decree No.1586 and its implementing rules and regulations. The EGF shall finance the maintenance of the health of the ecosystems and specially the conservation of watersheds and aquifers affected by the development, and the needs of emergency response, 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 or project and, until the lapse of a given period indicated in the environmental compliance certificate, as determined by the Department.
- Sec. 15, RA 9275
Notwithstanding the provisions of Secs. 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 coordination with other government agencies concerned, shall conduct containment, removal and clean-up operations. Expenses incurred in said operations shall be reimbursed by the persons found to have caused such pollution upon proper administrative determination in accordance with this Act. Reimbursements of the cost incurred shall be made to the Water Quality Management Fund or to such other funds where said disbursements were sourced.
- Sec. 16, RA 9275
Case: Metro Manila Development Authority vs. Concerned Residents of Manila Bay GR No. 171947, Dec 18, 2008
In fine, the underlying duty to upgrade the quality of
water is not conditional on the occurrence of any pollution incident.
The cleanup and/or restoration of the Manila Bay is
only an aspect and initial stage of the long-term solution. The preservation of the water quality of the bay after the rehabilitation process is as important as the cleaning phase.
The Writ of Continuing Mandamus
Institutional Mechanism
DENR - primary government agency responsible for the
enforcement and implementation of RA 9275, more particularly over all aspects of water quality management.
Pollution Adjudication Board (PAB) - the agency generally
charged with the determination and resolution of pollution cases. (E.O. 192) -serves as the arbitrator for the determination of reparation, or restitution of the damages and losses resulting from pollution.
LGUs - shall share the responsibility in the management and
improvement of water quality within their territorial jurisdictions. Linkage Mechanism
Sec. 22 provides that the Department and its
concerned attached agencies including LLDA shall coordinate and enter into agreement with other government agencies, industrial sector and other concerned sectors in the furtherance of the objectives of this Act.