The Philippine Clean Water Act of 2004 Essay

Introduction

As an archipelago. the Philippines is surrounded with H2O. It ranks 4th with the longest coastline in the universe mensurating 36. 289 kilometer ( 22. 559 stat mis ) while its H2O country covers 1. 830 sq kilometer ( The World Factbook ) . The country’s H2O resources have played a important function in its development. However. some development attempts. combined with the lifting demands of the ever-increasing population. have caused harm to these H2O resources. In response. a jurisprudence was signed to “pursue a policy of economic growing in a mode consistent with the protection.

saving and resurgence of the quality of our fresh. brackish and marine waters” ( Section 2 ) . Republic Act ( R. A. ) No. 9275 titled “An Act Providing for a Comprehensive Water Quality Management and for Other Purposes” . besides known as the Filipino Clean Water Act of 2004 ( CWA ) . was signed by former President Gloria Macapagal-Arroyo on March 22. 2004. It took consequence on May 6. 2004. with its Implementing Rules and Regulation ( IRR ) contained in the Department of Environment and Natural Resources ( DENR ) Administrative Order ( A.

O. ) No. 2005-10.

Coverage

The jurisprudence applies to H2O quality direction in all H2O organic structures. It chiefly applies to the suspension and control of pollution from land-based beginnings. The H2O quality criterions and ordinances and the civil liability and penal commissariats under the jurisprudence shall be enforced irrespective of beginnings of pollution ( Section 3 ) . In add-on to modulating pollution of H2O organic structures. DENR shall explicate and use criterions for the conveyance and disposal of wastewater. sewerage and septage offsite.

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whether offshore or on land every bit good as disposal of single effluent on land. The Department of Agriculture ( DA ) shall develop guidelines for re-use of effluent for irrigation intents or as dirt conditioner or fertiliser ( Rule 3. 1 ) .

Institutional mechanism

The Department of Environment and Natural Resources ( DENR ) . as the primary bureau responsible for the execution of the CWA. shall take the lead in the readying. execution. and enforcement of the followers ( Rule 19 ) : National H2O quality position study – this study shall place ( a ) the location of H2O organic structures. their quality. taking into history seasonal. tidal and other fluctuations. bing and possible utilizations and beginnings of pollution per specific pollutant and pollution burden appraisal ; ( B ) H2O quality direction countries. and H2O categorization ( Rule 19. 1 ) . Integrated Water Quality Management Framework ( IWQMF ) – this may incorporate. but non limited to the followers: ( a ) appraisal of policies and institutional agreements and capacities relevant to H2O quality direction including the scheme of degeneration to LGUs ; ( B ) direction schemes ; ( degree Celsius ) sustainable funding schemes ; and ( vitamin D ) public presentation monitoring ( Rule 19. 2 ) .

Water Quality Management Area ( WQMA ) Action Plan for each WQMA – includes. but non limited to. the undermentioned: ( a ) ends and marks including sewage or septage plan. ( B ) agenda of conformity to run into the applicable demands of this Act ; ( degree Celsius ) H2O pollution control strategies or techniques ; ( vitamin D ) H2O quality information and instruction plan ; e ) resource demand and possible beginnings ; degree Fahrenheits ) enforcement processs of the program and ( g ) wagess and inducements ( Rule 19. 3 ) Groundwater exposure mapping- the DENR through the Mines and Geosciences Bureau ( MGB ) shall print a national groundwater exposure map ( regulation 19. 4 ) . which means the identified countries of the land surface where groundwater quality is most at hazard from human activities and shall reflect the different grades of groundwater exposure based on a scope of dirt belongingss and hydro geological standards to function as usher in the protection of the groundwater from taint ( Section 4 T ) . Water quality guidelines – these shall reflect the latest scientific cognition on the undermentioned affairs: ( a ) effects of pollutants on public wellness. biological diverseness. aquatic life. productiveness and stableness. including information on the factors impacting rates of eutrophication and rates of organic and inorganic deposit for changing types of waterways. bio-accumulation of chemicals ; ( B ) concentration and dispersion of pollutants including of course happening pollutants in extremely mineralized countries. through physical. chemical and biological procedures ; pollution burden may besides be used together with the concentration strategy ; and ( degree Celsius ) good utilizations of the receiving H2O organic structure ( Rule 19. 5 ) .

Effluent criterions – means any legal limitation or restriction on measures. rates. and/or concentrations or any combination thereof. of physical. chemical or biological parametric quantities of wastewater which a individual or point beginning is allowed to dispatch into a organic structure of H2O or land ( Section 4 N ) . Procedures for trying and analysis of pollutants – the DENR shall follow alternate internationally recognized trial processs for trying and analysis of pollutants ( Rule 19. 7 ) . Accreditation system of research labs – the DENR. in coordination with DOST. DTI. DOH. and other concerned bureaus. academia. professional associations. and private sector. shall explicate. maintain. and pull off a system of accreditation for research labs ( Rule 19. 8 ) . Classs of point and non-point beginnings – the DENR shall publish and print guidelines on the ( a ) designation and rating of the nature and extent of non-point beginnings of pollution ; and ( B ) processes. processs. and methods to command pollution ensuing at that place from ( Rule 19. 9 ) . Point beginning means any identifiable beginning of pollution with specific point of discharge into a peculiar H2O organic structure ( Section 4 aa ) . Non-point beginning – means any beginning of pollution non identifiable as point beginning to include. but non be limited to. overflow from irrigation or rainwater. which picks up pollutants from farms and urban countries ( subdivision 4 omega ) .

Categorization of groundwater beginnings – The Environmental Management Bureau ( EMB ) of DENR shall organize with the NWRB and other relevant bureaus in the categorization of groundwater beginnings. ( Rule 19. 10 ) . Categorization and re-classification of H2O organic structures – All H2O organic structures shall be classified harmonizing to their possible good use. taking into history. among. others. the undermentioned: ( a ) bing quality of the organic structure of H2O ; ( B ) size. deepness. surface country covered. volume. way. rate of flow and gradient watercourse ; ( c ) most good existing and future usage of said organic structures of H2O and lands surrounding them. such as for residential. agricultural. aqua cultural. commercial. industrial. navigational. recreational. wildlife preservation and aesthetic intents ; and ( vitamin D ) exposure of surface and groundwater to taint from polluted and risky wastes. agricultural chemicals and belowground storage armored combat vehicles of crude oil merchandises ( Rule 19. 11 )

Information and airing runs – these cover the effects of H2O pollution on wellness and environment. H2O quality direction. and resource preservation and recovery to promote an environmentally action-oriented society in coordination with other authorities bureaus ( Section 19 N ) . On the other manus. the Local Government Units ( LGUs ) are responsible in the direction and betterment of H2O quality within their territorial legal powers. Each local authorities unit shall. through its Environment and Natural Resources Office ( ENRO ) established in Republic Act No. 7160. have the undermentioned powers and maps ( Section 20 ) : a ) Monitoring of H2O quality ;

B ) Emergency response ;
degree Celsius ) Conformity with the model of the Water Quality Management Action Plan ; vitamin D ) To take active engagement in all attempts refering H2O quality protection and rehabilitation ; and e ) To organize with other authorities bureaus and civil society and the concerned sectors in the execution of steps to forestall and command H2O pollution. Furthermore. the DENR and the LGUs. in coordination with the appropriate authorities bureaus. And in audience with the concern and industrial sectors including commercialism. shall explicate appropriate inducements for the acceptance procedures that will continue and protect our H2O organic structures through the debut of advanced equipment and processes that cut down if wholly extinguish discharge of pollutants into our H2O organic structures ( Section 21 ) .

The Department and its concerned affiliated bureaus including the Laguna Lake Development Authority ( LLDA ) shall organize and come in into understanding with other authorities bureaus. industrial sector and other concerned sectors in the promotion of the aims of this Act- The undermentioned bureaus shall execute tile maps specified hereunder ( Section 22 ) : a ) Philippine Coast Guard in coordination with DA and the DENR shall implement for the enforcement of H2O quality criterions in marine Waterss. set pursuant to this Act. specifically from offshore beginnings ; B ) The Department of Public Works and Highways ( DPWH ) through its affiliated bureaus. such as the Metropolitan Waterworks and Sewerage System ( MWSS ) . Local Water Utilities Administration ( LWUA ) . and including other urban H2O public-service corporations for the proviso or sewage and sanitation installations and the efficient and safe aggregation. intervention and disposal of sewerage within their country of legal power ; degree Celsius ) the Department of Agriculture ( DA ) . shall organize with the DENR in the preparation of guidelines for the re-use of effluent for irrigation and other agricultural utilizations and for the bar. control and suspension of pollution from agricultural and aquaculture activities.

the Bureau of Fisheries and Aquatic Resources ( BFAR ) of the DA shall be chiefly responsible for the bar and control of H2O pollution for the development. direction and preservation of the piscaries and aquatic resources ; vitamin D ) The Department of Health ( DOH ) shall be chiefly responsible for the announcement. alteration and enforcement of imbibing H2O quality criterions ; e ) The Department of Science and Technology ( DOST ) . in coordination with the Department and other concerned bureaus. shall fix a plan for the rating. confirmation. development and public airing of pollution bar and cleaner production engineerings ; and f ) The Department of Education ( DepEd ) . Commission Higher Education ( CHED ) . Department of the Interior and Local Government ( DILG ) and Philippine Information Agency ( PIA ) shall help and organize with the Department in. the readying and execution of a comprehensive plan pursuant to the aims of this Act. The DENR. in coordination with the Department of Science and Technology ( DOST ) . other concerned bureaus and academic research establishments. shall set up a national research and development plan for the bar and control of H2O pollution.

As portion of said plan. the DOST shall carry on and advance the coordination and acceleration of research. probe. experiments. preparation. study and surveies associating to the causes. extent. bar and control of pollution among concerned authorities bureaus and research establishments ( Section 24 ) . National H2O quality direction fund A National Water Quality Management Fund to be administered by the DENR. in coordination with other concerned bureaus. as a particular history in the National Treasury. is established and to be used to finance the followers ( Section 9 ) : a ) Finance containment and clean-up operations of the authorities in H2O pollution instances ; B ) Guarantee Restoration of ecosystems and rehabilitation of affected countries ; degree Celsius ) Support research. enforcement and monitoring activities ; vitamin D ) Provide proficient aid to the implementing bureaus ; vitamin E ) Grant wagess and inducements ;

degree Fahrenheit ) Support information and educational run ; and g ) Such other expenses made entirely for the bar. control or suspension of H2O pollution and direction and disposal of the direction countries in the sums authorized by the Department. In add-on. the Area Water Quality Management Fund is established for the care and care of the H2O organic structures in a H2O quality direction country. The fund shall be utilized for the grant of wagess and inducements for entities whose outflowing discharges are better than the H2O quality standards of the mark categorization of the having organic structure of H2O. loans for acquisitions and fixs of installations to cut down measure and better quality of effluent discharges. and regular care of the H2O organic structures within the direction country ( Section 10 ) .

Water pollution licenses and charges

A effluent charge system in all direction countries will be implemented. Effluent charges shall be established taking into consideration the followers ( Section 13 ) : a ) To supply strong economic incentive for defilers to modify their production or direction procedures or to put in pollution control engineering in order to cut down the sum of H2O pollutants generated ; B ) To cover the cost of administrating H2O quality direction or betterment plans ; degree Celsiuss ) Reflect amendss caused by H2O pollution on the environing environment. including the cost of rehabilitation ; vitamin D ) Type of pollutant ;

vitamin E ) Categorization of the receiving H2O organic structure ; and degree Fahrenheit ) Other particular properties of the H2O organic structure. The discharge license. stipulating. among others. the measure and quality of wastewater that said installations are allowed to dispatch into a peculiar H2O organic structure. conformity agenda and monitoring demand shall be the legal mandate from the DENR to dispatch effluent ( Section 14 ) .

Prohibited Acts of the Apostless

The undermentioned Acts of the Apostless are herewith prohibited ( Section 27 ) : a ) Discharging. lodging or doing to be deposited stuff of any sort straight or indirectly into the H2O organic structures or along the borders of any surface H2O. where. the same shall be apt to be washed into such surface H2O. either by tide action or by storm. inundations or otherwise. which could do H2O pollution or hinder natural flow in the H2O organic structure ; b ) Discharging. injecting or leting to ooze into the dirt or sub-soil any substance in any signifier that would foul groundwater. degree Celsius ) Operating installations that discharge regulated H2O pollutants without the valid required licenses or after the license was revoked for any misdemeanor of any status therein ; vitamin D ) Disposal of potentially infective medical waste into sea H2O by vass unless the wellness or safety of persons on board the vas is threatened by a great and at hand hazard ; e ) Unauthorized conveyance or dumping into sea Waterss of sewerage sludge or solid waste as defined under Republic Act No. 9003 ; degree Fahrenheit ) Transport. dumping or discharge of forbidden chemicals. substances or pollutants listed under Republic Act No. 6969 ; g ) Operate installations that discharge or let to ooze. wilfully or through gross carelessness. forbidden chemicals. substances or pollutants listed under R. A. No. 6969 into H2O organic structures or wherein the same shall be apt to be washed into such surface. land. coastal. and marine H2O ; H ) Undertaking activities or development and enlargement of undertakings. or runing wastewater/sewerage installations in misdemeanor of Presidential Decree.

No. 1586 and its implementing regulations. and ordinances ; I ) Dispatching regulated H2O pollutants without the valid required discharge license pursuant to this Act or after the license was revoked for any misdemeanor of status therein ; J ) Non-compliance of the LGU with the Water Quality Framework and Management Area Action Plan. In such a instance. countenances shall be imposed on the local authorities functionaries concerned ; K ) Refusal to let entry. review and monitoring by the Department in conformity with this Act ; cubic decimeter ) Refusal to let entree by the Department to relevant studies and records in conformity with this Act ; m ) Refusal or failure to subject studies whenever required by the Department in conformity with this Act ; n ) Refusal or failure to denominate pollution control officers whenever required by. the Department in conformity with this Act ; and o ) Directly utilizing supporter pumps in the distribution system or fiddling with the H2O supply in such a manner as to change or impair the H2O quality. Fines. amendss and punishments

Fines. amendss and punishments to be filed by the DENR Secretary. upon the recommendation of the Pollution Adjudication Board ( PAB ) . include ( Section 28 ) : For any individual perpetrating any of the forbidden Acts of the Apostless or go againsting any of the proviso of the jurisprudence or its IRR – non less than Ten 1000 pesos ( P10. 000. 00 ) nor more than Two 100 thousand pesos ( P200. 000. 00 ) for every twenty-four hours of misdemeanor ( to be increased by 10 per centum ( 10 % ) every two ( 2 ) old ages to counterbalance for rising prices and to keep the deterrent map of such mulcts ) ; closing. suspension of development or building. or surcease of operations or. where appropriate disjunction of H2O supply. until such clip that proper environmental precautions are put in topographic point and/or conformity with this Act or its regulations and ordinances are undertaken. Failure to set about clean-up operations. wilfully. or through gross carelessness – imprisonment of non less than two ( 2 ) old ages and non more than four ( 4 ) old ages and a all right non less than Fifty thousand pesos ( P50. 000. 00 ) and non more than One hundred 1000 pesos ( P100. 000. 00 ) per twenty-four hours for each twenty-four hours of misdemeanor. Failure or refusal to set about clean-up operations which consequences in serious hurt or loss of life and/or irreversible H2O taint of surface. land. coastal and marine H2O – imprisonment of non less than six ( 6 ) old ages and one twenty-four hours and non more than 12 ( 12 ) old ages. and a mulct of Five Hundred Thousand Pesos ( P500. 000. 00 ) per twenty-four hours for each twenty-four hours during which the skip and/or taint continues.

For gross misdemeanor ( includes: ( a ) deliberate discharge of toxic pollutants identified pursuant to Republic Act No. 6969 in toxic sums ; ( B ) five { 5 ) or more misdemeanors within a period of two ( 2 ) old ages ; or ( degree Celsius ) blatant neglect of the orders of the PAB. such as the non-payment of mulcts. breakage of seals or runing despite the being of an order for closing. discontinuation or surcease of operation ) – with a mulct of non less than Five 100 thousand pesos ( P500. 000. 00 ) but non more than Three million pesos ( P3. 000. 000. 00 } per twenty-four hours for each twenty-four hours of misdemeanor or imprisonment of non less than six { 6 ) old ages but non more than ten { 10 ) old ages. or both. at the discretion of the tribunal. For misdemeanors falling under Section 4 of Presidential Decree No. 979 – a mulct of non less than Fifty thousand pesos { P50. 000. 00 ) nor more than One million pesos ( P1. 000. 000. 00 ) or by imprisonment of non less than one { 1 ) twelvemonth nor more than six ( 6 ) old ages or both. for each discourtesy. without bias to the civil liability of the wrongdoer in conformity with bing Torahs. Water pollution instances affecting Acts of the Apostless or skips — committed within the Laguna Lake Region shall be dealt with in conformity with the process under R. A. No. 4850 as amended.

Repealed and amended Torahs

The CWA repealed Presidential Decree No. 984 Supplying for the Revision of Republic Act No. 3931. Normally Known as the Pollution Control Law. and for Other Purposes. signed on August 18. 1976. On the other manus. the undermentioned Torahs are amended and modified consequently: Republic Act No. 6969 – An Act to Control Toxic Substances and Hazardous and Nuclear Wastes. Supplying Punishments for Violations Thereof. and for Other Purposes. signed on October 26. 1990 Republic Act No. 4850. as amended – An Act Making the Laguna Lake Development Authority. Ordering its Powers. Functions and Duties. Supplying Fundss Thereof. and for Other Purposes” signed on 18 July 1966.

Presidential Decree No. 1586 – Establishing an Environmental Impact Statement System. Including Other Environmental Management Related Measures and for Other Purposes signed on June 11. 1978. Presidential Decree No. 1152 – Philippine Environmental Code signed on June 6. 1977 Presidential Decree No. 979 – Supplying for the Revision of Presidential Decree No. 600 Regulating Marine Pollution signed on August 18. 1976 Presidential Decree No. 856 – Code On Sanitation signed on December 23. 1975

Decision

The Philippines is blessed with H2O resources. which have played a important function in its development. The CWA is one manner to safeguard these H2O resources. It provides countenances for those who will foul the H2O. The success of the CWA depends on its execution and on each individual’s attempt to protect these H2O resources.