Republic of the Philippines
Congress of the Philippines
Metro ManilaTwelfth Congress
Third Regular SessionBegun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand three.
Republic Act No. 9275 March 22, 2004
AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER 1
GENERAL PROVISIONSARTICLE 1
DECLARATION OF PRINCIPLES AND POLICIESSECTION 1. Short Title. - This Act shall be known as the "Philippine Clean Water Act of 2004."
SECTION 2. Declaration of Policy. - The State shall pursue a policy of economic growth in a 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 shall be pursued. As such, it shall be the policy of the State:
a) To streamline processes and procedures in the prevention, control and abatement of pollution of the country's water resources;
b) To...
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Republic Acts
PHILIPPINE CLEAN WATER ACT OF 2004
Republic Act No. 9275
Summary of the Philippine Clean Water Act of 2004
Declaration of Policy and Principles (Sections 2-4)
• Pursue economic growth consistent with protecting water quality
• Streamline processes for water pollution prevention, control and abatement
• Promote environmental strategies and economic instruments for water protection
• Formulate a holistic national water quality management program
• Formulate an integrated water quality management framework
• Promote environment-friendly and energy-efficient industrial processes
• Encourage cooperation, self-regulation and market-based instruments
• Provide a comprehensive program focusing on pollution prevention
• Promote public information, education and participation
• Formulate a system of accountability for environmental impacts
• Encourage civil society involvement in addressing environmental issues
• Covers water quality management in all water bodies, primarily land-based sources
Water Quality Management System (Sections 5-18)
• Designate water quality management areas based on hydrological conditions (Section 5)
• Manage non-attainment areas where pollutants exceed standards (Section 6)
• Prepare a national sewerage and septage management program (Section 7)
• Require sewage connection in Metro Manila and highly urbanized cities (Section 8)
• Establish a Water Quality Management Fund for clean-up, research, etc. (Section 9)
• Establish Area Water Quality Management Funds (Section 10)
• Allow water quality variances for geothermal and oil/gas exploration (Section 11)
• Categorize industry sectors for effluent standards (Section 12)
• Implement a wastewater charge system based on pollutant load (Section 13)
• Require discharge permits specifying effluent limits (Section 14)
• Require environmental guarantee funds for rehabilitation (Section 15)
• Polluters responsible for containment and clean-up (Section 16)
• Implement programmatic environmental impact assessment (Section 17)
• Allow regional industrial centers to allocate effluent quotas (Section 18)
Institutional Mechanism (Sections 19-24)
• DENR is the lead agency for implementation and enforcement (Section 19)
• Roles of LGUs in monitoring, emergency response and compliance (Section 20)
• Role of business/industry in adopting environment-friendly processes (Section 21)
• Coordination among agencies for enforcement and other roles (Section 22)
• DENR authority for record-keeping, entry, inspection and monitoring (Section 23)
• Research and development program for pollution prevention/control (Section 24)
Incentives and Rewards (Sections 25-26)
• Provide rewards for outstanding environmental projects/activities (Section 25)
• Incentives for LGUs, water districts, enterprises, individuals (Section 26):
- Non-fiscal: inclusion in investment priority plan
- Fiscal: tax/duty exemptions on imported/domestic capital equipment, donations
- Financial assistance from government institutions
- Grants to LGUs for developing technical capabilities
Civil Liability and Penal Provisions (Sections 27-29)
• Prohibited acts like discharging pollutants, operating without permits (Section 27)
• Fines of ₱10,000 - ₱200,000 per day for violations, increasing 10% every 2 years (Section 28)
• Imprisonment 2-4 years, ₱50,000-₱100,000 fine per day for not doing clean-up
• Imprisonment 6+ years, ₱500,000+ fine per day for gross violations
• Administrative sanctions for LGU non-compliance with action plans (Section 29)
Other Provisions
• Administrative actions by DENR for violations (Section 30)
• ₱100 million initial appropriation, with annual appropriations (Section 31)
• Implementing rules within 1 year, mandatory review of rules/standards (Section 32)
• Joint Congressional Oversight Committee for monitoring implementation (Section 33)
• Repealing/amending other laws like PD 984, RA 6969, PD 1586 (Sections 34-36)
Declaration of Policy and Principles (Sections 2-4)
• Pursue economic growth consistent with protecting water quality
• Streamline processes for water pollution prevention, control and abatement
• Promote environmental strategies and economic instruments for water protection
• Formulate a holistic national water quality management program
• Formulate an integrated water quality management framework
• Promote environment-friendly and energy-efficient industrial processes
• Encourage cooperation, self-regulation and market-based instruments
• Provide a comprehensive program focusing on pollution prevention
• Promote public information, education and participation
• Formulate a system of accountability for environmental impacts
• Encourage civil society involvement in addressing environmental issues
• Covers water quality management in all water bodies, primarily land-based sources
Water Quality Management System (Sections 5-18)
• Designate water quality management areas based on hydrological conditions (Section 5)
• Manage non-attainment areas where pollutants exceed standards (Section 6)
• Prepare a national sewerage and septage management program (Section 7)
• Require sewage connection in Metro Manila and highly urbanized cities (Section 8)
• Establish a Water Quality Management Fund for clean-up, research, etc. (Section 9)
• Establish Area Water Quality Management Funds (Section 10)
• Allow water quality variances for geothermal and oil/gas exploration (Section 11)
• Categorize industry sectors for effluent standards (Section 12)
• Implement a wastewater charge system based on pollutant load (Section 13)
• Require discharge permits specifying effluent limits (Section 14)
• Require environmental guarantee funds for rehabilitation (Section 15)
• Polluters responsible for containment and clean-up (Section 16)
• Implement programmatic environmental impact assessment (Section 17)
• Allow regional industrial centers to allocate effluent quotas (Section 18)
Institutional Mechanism (Sections 19-24)
• DENR is the lead agency for implementation and enforcement (Section 19)
• Roles of LGUs in monitoring, emergency response and compliance (Section 20)
• Role of business/industry in adopting environment-friendly processes (Section 21)
• Coordination among agencies for enforcement and other roles (Section 22)
• DENR authority for record-keeping, entry, inspection and monitoring (Section 23)
• Research and development program for pollution prevention/control (Section 24)
Incentives and Rewards (Sections 25-26)
• Provide rewards for outstanding environmental projects/activities (Section 25)
• Incentives for LGUs, water districts, enterprises, individuals (Section 26):
- Non-fiscal: inclusion in investment priority plan
- Fiscal: tax/duty exemptions on imported/domestic capital equipment, donations
- Financial assistance from government institutions
- Grants to LGUs for developing technical capabilities
Civil Liability and Penal Provisions (Sections 27-29)
• Prohibited acts like discharging pollutants, operating without permits (Section 27)
• Fines of ₱10,000 - ₱200,000 per day for violations, increasing 10% every 2 years (Section 28)
• Imprisonment 2-4 years, ₱50,000-₱100,000 fine per day for not doing clean-up
• Imprisonment 6+ years, ₱500,000+ fine per day for gross violations
• Administrative sanctions for LGU non-compliance with action plans (Section 29)
Other Provisions
• Administrative actions by DENR for violations (Section 30)
• ₱100 million initial appropriation, with annual appropriations (Section 31)
• Implementing rules within 1 year, mandatory review of rules/standards (Section 32)
• Joint Congressional Oversight Committee for monitoring implementation (Section 33)
• Repealing/amending other laws like PD 984, RA 6969, PD 1586 (Sections 34-36)