Abstract

This act covers Republic Act No. 9275, **Philippine Clean Water Act of 2004**, which is intended to
protect, preserve, and revive the quality of fresh, brackish, and coastal waters of the country. This law
focuses on prevention and control of water pollution, regulation of wastewater disposal, and
establishment of framework water quality management. RA 9275 requires the industry and local
government unit to ensure control measures for pollution and to adopt sound environmental
management practices. It also considers the rehabilitation of water bodies polluted and has provision of
liabilities against defaulters. The enactment of this law would therefore allow the government to protect
public health while preserving the environment and ensuring sustainable management of water
resources.

Introduction

The Philippine Clean Water Act of 2004 is enacted amidst growing concern over the degradation of
water resources in the country. Increasing pollution from industrial, agricultural, and domestic sources
has seriously affected the quality of water bodies throughout the nation, with serious environmental
consequences and a threat to public health. It is that law that recognizes good water for human use and
health of ecosystems need an enabling legal and institutional framework to manage and regulate water
pollution. The department mandates administration of measures on pollution controls and water bodies
rehabilitation, that is a responsibility of Department of Environment and Natural Resources. RA 9275
creates a clean, safe, and sustainable environment not only for the present generation but also for
future generations as water resources are used responsibly at the same time that wastewater is being
managed properly in such powers of regulatory compliance increased.

RA 9275 – The Philippine Clean Water Act

What you should know about the Clean Water Act

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 water
quality issues within their jurisdiction.

Who are the members of the Governing Boards?

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.

Effluent trading per management area will also be allowed.

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:

Discharging or depositing any water pollutant to the water body, or such which will impede natural flow
in the water body

Discharging, injecting or allowing to enter into the soil, anything that would pollute groundwater

Operating facilities that discharge regulated water pollutants without the valid required permits

Disposal of potentially infectious medical waste into sea by vessels

Unauthorized transport or dumping into waters of sewage sludge or solid waste.

Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Toxic
Chemicals, Hazardous and Nuclear

Wastes Control Act (Republic.Act No. 6969)

Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act

Noncompliance of the LGU with the Water Quality Framework and Management Area Action Plan

Refusal to allow entry, inspection and monitoring as well as access to reports and records by the DENR
in accordance with this Act

Refusal or failure to submit reports and/or designate pollution control officers whenever required by the
DENR in accordance with this Act

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

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.

Undertake activities or development and expansion of projects, or operating wastewater

treatment/sewerage facilities in violation of P.D.1586 and its IRR.

What are the fines and penalties imposed on polluters?

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.

Conclusion

RA 9275 has already built several contributions regarding the improvement of the state of the country's
water quality management systems, reduction in water pollution levels, and clear guidelines put forward
towards industries, local government units, and citizens. Because of the law, significant rehabilitation
programs for polluted rivers, lakes, and coastal areas have been undertaken, encouraging inter-sectoral
collaboration. Full compliance in accomplishment, effective enforcement, and proper mobilization of
finances toward pollution control programs are not obstacles but rather challenges. Illegal dumping,
inadequate wastewater treatment infrastructure, and public consciousness with regard to water
pollution continue to haunt the country.

Reference:

https://r12.emb.gov.ph/ra-9275-the-philippine-clean-water-act/