PHILIPPINE CLEAN WATER ACT OF 2004

Case Overview and Summary

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)