Republic Act (R.A) No.

9275: The Philippine Clean

Water Act of 2004
 - titled “An Act Providing for a
Comprehensive Water Quality Management
and for Other Purposes”, was signed by former
President Gloria Macapagal-Arroyo on March 22,
2004.

- took effect on May 6, 2004, with its Implementing

Rules and Regulation (IRR) contained in the
Department of Environment and Natural Resources
(DENR) Administratie Order (A.O) No. 2005-10
 Introduction

The country's water resources have played a

significant role in its development. However, some
development efforts, combined with the rising
demands of the ever-increasing population, have
caused damage to these water resources.
 In addition to regulating pollution of water
bodies, DENR shall formulate and apply standards
for the transport and disposal of effluent, sewage and
septage offsite, whether offshore or on land as well as
disposal of individual wastewater on land.
 Coverage

The law applies to water quality management in

all water bodies. The water quality standards and
regulations and the civil liability and penal provisions
under the law shall be enforced irrespective of
sources of pollution (Section 3).
 Institutional mechanism

National water quality status report - shall identify (a)

the location of water bodies, their quality; (b) water
quality management areas, and water classification (Rule
19.1)
 Integrated Water Quality Management
Framework (IWQMF) - this may contain (a)
assessment of policies and institutional
arrangements and capacities relevant to water
quality management; (b) management strategies;
(c) sustainable financing strategies; and (d)
performance monitoring (Rule 19.2)
 Water Quality Management Area (WQMA) Action Plan
for each WQMA - includes 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
strategies or techniques; (d) water quality information
and education program; e) resource requirement and
possible sources; f) enforcement procedures of the plan
and (g) rewards and incentives (Rule 19.3)
 Groundwater vulnerability mapping - the DENR
through the Mines and Geosciences Bureau
(MGB) shall publish a national groundwater
vulnerability map (rule 19.4)
 Water quality guidelines – these shall reflect the
latest scientific knowledge on the following
matters: (a) effects of pollutants on public health,
biological diversity, aquatic life, productivity and
stability; (b) concentration and dispersal of
pollutants; and (c) beneficial uses of the receiving
water body (Rule 19.5)
 Effluent standards - means any legal restriction or
limitation on quantities, rates, and/or
concentrations or any combination thereof, of
physical, chemical or biological parameters of
effluent which a person or point source is allowed
to discharge into a body of water or land (Section
4 n).
 Procedures for sampling and analysis of
pollutants – the DENR shall adopt alternative
internationally accepted test procedures for
sampling and analysis of pollutants (Rule 19.7)
 Accreditation system of laboratories - the DENR,
in coordination with DOST, DTI, DOH, and other
concerned agencies, academe, professional
associations, and private sector, shall formulate,
maintain, and manage a system of accreditation
for laboratories (Rule 19.8).
 Categories of point and non-point sources – the
DENR shall issue and publish guidelines on the
(a) identification and evaluation of the nature and
extent of non-point sources of pollution; and (b)
processes, procedures, and methods to control
pollution resulting there from (Rule 19.9).
 Classification of groundwater sources – The
Environmental Management Bureau (EMB) of
DENR shall coordinate with the NWRB and other
relevant agencies in the classification of
groundwater sources. (Rule 19.10).
 Classification and re-classification of water
bodies – shall be classified according: (a) existing
quality of the body of water; (b) size, depth,
surface area covered, volume, direction, rate of
flow and gradient stream; (c) most beneficial
existing and future use of said bodies of water and
lands bordering them; and (d) vulnerability of
surface and groundwater to contamination (Rule
19.11)
 Information and dissemination campaigns –
these cover the effects of water pollution on health
and environment, water quality management, and
resource conservation and recovery to encourage
an environmentally action-oriented society in
coordination with other government agencies
(Section 19 n).
Local Government Units (LGU's) have the
following powers and functions:

a.) Monitoring of water quality;

b.) Emergency response;
c.) Compliance with the framework of the Water
Quality Management Action Plan;
d.) To take active participation in all efforts
concerning water quality protection and
rehabilitation; and

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.
Government Agencies specified under (Section 22) to
achieve the Objectives of the Act
Philippine Coast Guard
Department of Public Works and Highways
(DPWH)
Department of Agriculture (DA) and Bureau
of Fisheries and Aquatic Resources (BFAR)
Department of Health (DOH)
Department of Science and Technology
(DOST)
 Department of Education (DepEd),
Commission Higher Education (CHED),
Department of the Interior and Local
Government (DILG) and Philippine
Information Agency (PIA)
 National Water Quality Management Fund
(NWQMF)

This was establish to finance the following (Section 9):

a) Finance containment and clean-up operations of the
government in water pollution cases;
b) Guarantee restoration of ecosystems and rehabilitation
of affected areas;
c) Support research, enforcement and monitoring
activities;
d) Provide technical assistance to the implementing
agencies;
e) Grant rewards and incentives;
f) Support information and educational campaign;
and
g) Such other disbursements made solely for the
prevention, control or abatement of water pollution
and management and administration of the
management areas in the amounts authorized by the
Department.
 Area Water Quality Management Fund (AWQMF)
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 and improve quality
of wastewater discharges, and regular maintenance of the
water bodies within the management area (Section 10).
 Water pollution permits and charges

Wastewater charges shall be established taking into

consideration the following (Section 13):

a.) To provide strong economic inducement for

polluters to modify their production or management
processes or to invest in pollution control technology in
order to reduce the amount of water pollutants generated;
 b.) To cover the cost of administering water
quality management or improvement programs;

c.) Reflect damages caused by water pollution

on the surrounding environment, including the cost
of rehabilitation;
d.) Type of pollutant;
e.) Classification of the receiving water body;
and
f.) Other special attributes of the water body.
 Prohibited Acts

The following act are hereby prohibited (Section 27):

a) Discharging, depositing or causing to be
deposited material of any kind directly or indirectly
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, which could cause
water pollution or impede natural flow in the water
body;
b) Discharging, injecting or allowing to seep
into the soil or sub-soil any substance in any
form that would pollute groundwater.

c) Operating facilities that discharge

regulated water pollutants without the valid
required permits or after the permit was
revoked for any violation of any condition
therein;
d) Disposal of potentially infectious medical
waste into sea water by vessels unless the
health or safety of individuals on board the
vessel is threatened by a great and imminent
peril;

e) Unauthorized transport or dumping into

sea waters of sewage sludge or solid waste as
defined under Republic Act No.9003;
f) Transport, dumping or discharge of prohibited
chemicals, substances or pollutants listed under
Republic Act No.6969;

g) Operate facilities that discharge or allow to seep,

willfully or through gross negligence, prohibited
chemicals, substances or pollutants listed under R.
A. No. 6969 into water bodies or wherein the same
shall be liable to be washed into such surface,
ground, coastal, and marine water;
h) Undertaking activities or development and
expansion of projects, or operating
wastewater/sewerage facilities in violation of
Presidential Decree. No.1586 and its
implementing rules, and regulations;

i) Discharging regulated water pollutants

without the valid required discharge permit
pursuant to this Act or after the permit was
revoked for any violation of condition therein;
j) Non-compliance 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 concerned;

k) Refusal to allow entry, inspection and

monitoring by the Department in accordance
with this Act;
l) Refusal to allow access by the Department
to relevant reports and records in accordance
with this Act;

m) Refusal or failure to submit reports

whenever required by the Department in
accordance with this Act;
n) Refusal or failure to designate pollution
control officers whenever required by, the
Department in accordance with this Act; and

o) Directly using booster pumps in the

distribution system or tampering with the
water supply in such a way as to alter or impair
the water quality.
 Fines, damages and penalties
These includes (Section 28):

•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 everyday 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, or through gross negligence –
imprisonment of not less than two (2) years and
not more than four (4) years and a fine not less
than Fifty thousand pesos (P50,000.00) and not
more than One hundred thousand pesos
(P100,000.00) per day for each day of violation.
• Failure or refusal to undertake clean-up
operations which results in serious injury or loss
of life and/or irreversible water contamination of
surface, ground, coastal and marine water –
imprisonment of not less than six (6) years and
one day and not more than twelve (12) years, and
a fine of Five Hundred Thousand Pesos
(P500,000.00) per day for each day during which
the omission and/or contamination continues.
• In case of gross violation, a fine of not less than
Php 500, 000 but not more than Php 3,000,00
will be imposed for each day of violation. Criminal
charges may apply.
• For violations falling under Section 4 of
Presidential Decree No.979[7] - a fine of not less
than Fifty thousand pesos {P50,000.00) nor more
than One million pesos (P1,000,000.00) or by
imprisonment of not less than one {1) year nor
more than six (6) years or both, for each offense,
without prejudice to the civil liability of the
offender in accordance with existing laws.
• Water pollution cases involving acts or omissions -
-- committed within the Laguna Lake Region shall
be dealt with in accordance with the procedure
under R. A. No.4850[8] as amended.
 Repealed and amended laws

The following laws are amended and modified accordingly:

Republic Act No. 6969 – An Act to Control Toxic

Substances and Hazardous and Nuclear Wastes,
Providing Penalties for Violations Thereof, and for
Other Purposes, signed on October 26, 1990
 Republic Act No. 4850, as amended – “An Act
Creating the Laguna Lake Development
Authority, Prescribing its Powers,
Functions and Duties, Providing Funds
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.979 – Providing for the
Revision of Presidential Decree No. 600
Governing Marine Pollution signed on
August 18, 1976
Presidential Decree No.1152 – Philippine
Environmental Code signed on June 6, 1977
Presidential Decree No.856 – Code On
Sanitation signed on December 23, 1975