PD 1067 Water Code of the Philippines and Clean Water Act

PD 1067 – THE WATER CODE OF THE PHILIPPINES

The Philippine Clean Water Act of 2004 - (RA 9275)

ded lity

 water quality standards;  anti degradation policy;  water body monitoring and assessment;  reports on condition of the nation’s waters;  total maximum daily loads (TMDLs);

 NPDES (National Polluant Discharge Elimination

System) permit program for discharges from point sources;  section 319 program for nonpoint sources;  section 404 program regulating discharge of dredged or fill materials to wetlands and other waters; and  section 401 state water quality certification; state revolving loan fund (SRF)

 expressed in terms that allow

quantifiable measurement

Three Major Components  Designated uses  water quality criteria  Antidegradation policy and implementation

P.D. 1067 – THE WATER CODE OF THE PHILIPPINES

OUTLINE OF TOPIC: OBJECTIVE PRINCIPLES DEFINITION OWNERSHIP OF WATERS APPROPIATIO OF WATERS UTILIZATION OF WATERS CONTROL OF WATERS CONSERVATION AND PROTECTION OF WATERS AND WATERSHEDS AND RELATED LAND RESOURCES  ADMINISTRATION OF WATERS AND ENFORCEMENT OF THE CODE        

The objectives of this Code are:  a. To establish the basic principles and framework relating

to the appropriation, control and conservation of water resources and to achieve the optimum development and rational utilization of these resources;

 b. To define the extent of the rights and obligation of water

users and owners including the protection and regulation of such rights;

 c. To adopt a basic law governing the ownership,

appropriation, utilization, exploitation, development, conservation and protection of water resources and rights to land related thereto; and

 d. To identify the administrative agencies which will enforce

this Code.

The underlying principles of this code  a. All waters belong to the PHILIPPINES.  b. All waters that belong to the state can not be the subject

to acquisitive prescription  c. The state may allow the use or development of waters by administration concession.  d. The utilization, exploitation, development, conservation and protection of water resources shall be subject to the control and regulation of the government through the National Water Resources Council.  Preference in the use and development of waters shall consider current usages and be responsive to the changing needs of the country.

WATERS  As used in the Water Code,

refers to water under the ground, water above the ground, water in the atmosphere and the waters of the sea within the territorial jurisdiction of the Philippines.

OWNERSHIP OF WATERS  a. Rivers and their natural beds;  b. Continuous or intermittent waters of springs  

  

and brooks running in their natural beds and the beds themselves c. Natural lakes and lagoons; d. All other categories of surface waters such as water flowing over lands, water form rainfall whether natural or artificial, and water from agriculture runoff, seepage and drainage; e. Atmospheric water; f. Subterranean or ground water; and g. Seawater

OWNERSHIP OF WATERS The following waters found on private lands:  a. Continuous or intermittent waters rising on such lands;  b. Lakes and lagoons naturally waters rising on such lands;  c. Rain water and falling on such lands;  d. Subterranean or ground waters; and,  e. Waters in swamps and marshes. All belongs to the State

ARTICLE 6  The owner of the land where

the water is found may use the same for domestic purposes without securing a permit, provided that such use shall be registered, when required by the National Water Resources Council.  The Council, however, may regulate

such use when there is (1) wastage, or (2) in times of emergency.

ARTICLE 7  Subject to the provisions of

the Water Code, any person who captures or collects water by means of cisterns, tanks or pools shall have exclusive control over such water and the right to dispose of the same.

APPROPRIATION OF WATERS  As used in the Water Code, is the acquisition of rights

over the use of waters or the taking or diverting of waters from a natural source in the manner and for any purpose allowed by law.

APPROPRIATION OF WATERS

 a. Domestic  b. Municipal  c. Irrigation

APPROPRIATION OF WATERS

 d. Power generation  e. Fisheries  f. Livestock raising

APPROPRIATION OF WATERS  g. Industrial  h. Recreational, and  i. Other purposes

 WATER RIGHT – is the privilege granted

by the government to appropriate and use water.

 WATER PERMIT – is the document

evidencing the water right.

 (GENERAL RULE) No person, including government

instrumentalities or government-owned corporations, shall appropriate water without a water right, which shall be evidenced by a document known as a water permit. (EXCEPTION) Any person may appropriate or use natural bodies of water without securing a water permit for any of the following: 1. Appropriation of water by means of hand carried receptacles; and 2. Bathing or washing, watering or dipping of domestic or farm animals, and navigation of watercrafts or transportation of logs and other objects by floatation.

 REGALIAN DOCTRINE

– is the doctrine recognized in our constitution whereby ownership of minerals and all forces of potential energy and other natural resources are reserved for the State (see Article XII, Section 2, 1987 Constitution).

 ARTICLE 20: The measure and limit of appropriation

of water shall be beneficial use.  BENEFICIAL USE OF WATER is the utilization of

water in the right amount during the period that the water is needed for producing the benefits for which the water is appropriated.

UTILIZATION OF WATERS  ARTICLE 31: Preference in the development of water resources

shall consider:

 1. security of the State,  2. multiple use,

 3. beneficial effects,  4. adverse effects and  5. costs of development

ARTICLE 32:CONTROL AREA is an area of land where subterranean or ground water and surface water are so interrelated that withdrawal and use in one similarly affects the other.

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UTILIZATION OF WATERS  Drainage systems shall be so constructed that their outlets are

rivers, lakes, the sea, natural bodies of water, such other water course as may be approved by the proper government agency

 Lower estates are obliged to receive the waters which naturally

and without the intervention of man flow from the higher estates, as well as the stones or earth which they carry with them.

 The banks or rivers and streams and the shores of the seas and

lakes throughout their entire length and within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their margins, areand subject r of specific limited useto the easement of public use in the interest of recreation, navigation, floatage, fishing and salvage.

CONTROL OF WATERS To promote the best interest and the coordinated protection of flood plain lands  The government may construct necessary flood control

structures in declared flood control areas, and for this purpose it shall have a legal easement as wide as may be needed along and adjacent to the river bank and outside the bed or channel of the river.  River beds, sand bars and tidal flats may not be cultivated except upon prior permission.

CONTROL OF WATERS  Waters of a stream may be stored in a reservoir by a permittee in such

amount as will not prejudice the right of any permittee downstream. Whoever operates the reservoir shall, when required, release water for minimum stream flow.  All reservoir operations shall be subject to rules and regulations issued by the Council or any proper government agency

 No person shall drill a well without prior permission from the

Council.

 Article 65. Water from one river basin may be transferred to another river

basin only with approval of the Council

CONSERVATION AND PROTECTION OF WATERS AND WATERSHEDS AND RELATED LAND RESOURCES  Established minimum stream flows for rivers and streams, and minimum

water levels

 Any watershed or any area of land adjacent to any surface water or overlying any ground water may declared as protected area  prohibit or control such activities by the owners or occupants

CONSERVATION AND PROTECTION OF WATERS AND WATERSHEDS AND RELATED LAND RESOURCES

Considerations for water resources development:  Ecological changes  Conservation of fish and wildlife  Waterfowl propagation or other wildlife purposes  Permission from the National Pollution Control Commission Water pollution is the impairment of the quality of water beyond a certain standard. This standard may vary according to the use of the water and shall be set by the National Pollution Control Commission.

ADMINISTRATION OF WATERS AND ENFORCEMENT OF THE PROVISIONS OF THIS CODE  The Administration and enforcement of the provisions of this Code,  Council – NATIONAL WATER RESOURCES COUNCIL / NATIONAL WATER

RESOURCES BOARD OF DENR

 COUNCIL – A GROUP OF PEOPLE WHO ARE PEOPLE CHOOSEN TO MAKE

RULES,LAWS, OR DECISIONS ABOUT SOMETHING

The Philippine Clean Water Act of 2004 - (RA 9275)

AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR OTHER PURPOSES

WHAT WE SHOULD KNOW ABOUT CWA? Δ Δ Δ Δ Δ Δ Δ Δ Δ

Why the need for the Clean Water Act? What is the Clean Water Act? How will water quality be managed? Who will manage these areas? Who are the members of the Governing Boards? What are the functions of the Governing Boards? How will discharges of wastewater be controlled? How will domestic wastewater be addressed? How will the discharge of wastewater be discouraged? Δ How will the control be encourage?

Δ Δ Δ Δ

What safeguards are provided for? What are the prohibited acts under R.A. 9275? What are the fines and penalties imposed on polluters? Who should implement the Clean Water Act?

The Philippine Clean Water Act of 2004 (Republic Act No. 9275) aims :  protect the country’s water bodies from pollution from landbased sources (industries and commercial establishments, agriculture and community/household activities)  provides for a comprehensive and integrated strategy to prevent and minimize pollution through a multi-sectoral and participatory approach involving all the stakeholders.

COVERAGE OF THE ACT

 General Application - Water quality management in all water

bodies  Primary Application - abatement & control of pollution from land based sources  Enforcement of WQ standards, regulations and penalties – irrespective of source of pollution

CONCEPTUAL FRAMEWORK

Purpose: 􀀹 To maintain, upkeep water bodies 􀀹 To finance wastewater facilities (establish & repair) 􀀹 Operational expenses of GB (10%) 􀀹 Provide technical assistance, info, rewards & incentives

National Sewerage & Septage Management Program – Sec. 7  A priority listing of sewerage, septage and combined

systems/projects for LGUs  LGUs may enter into BOT or joint venture agreement w/ private sector for constructing, rehabilitating and/or operation of such facilities  Each LGU shall appropriate land, including right of-way/ road access, for constructing sewage and  septage treatment facilities.

Domestic Sewage Collection, Treatment & Disposal – Sec. 8  W/in 5 years concerned water, sewerage and sanitation (WSS) agencies/ concessionaires in coordination w/ LGUs, shall connect subdivisions, condominiums, malls, hotels, public buildings, etc. in highly urbanized cities (HUCs) shall connect their sewage lines to available systems or utilize their own sewerage system  For non-HUCs, septage or combined sewerage septage management systems to be employed  Said connection subject to service charges/fees  DOH to prepare appropriate guidelines

WATER POLLUTION PERMITS AND CHARGES WASTEWATER CHARGE SYSTEM  Established on the basis of payment to government for discharging wastewater into the water bodies  Based on net waste load (diff. Of initial load of abstracted water to waste load of discharged effluent),  Complying industries to be charged minimal reasonable amount  Discharge Permits  For owners/operators of facilities that discharge regulated water

pollutants  WITH SPECIFIED:

 quantity and quality of effluent  compliance schedule  monitoring requirement

Prohibited Acts  Depositing material of any kind which could cause water

pollution  Discharging, injecting or allowing to seep into the earth any substance that would pollute groundwater  Operating facilities that discharge regulated water pollutants without the valid required permits  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  Refusal to allow entry, inspection and monitoring by the Department in accordance with this Act  Refusal to allow access by the Department to relevant reports and records in accordance with this Act

Prohibited Acts

 Refusal or failure to submit reports whenever required by the

Department  Refusal or failure to designate pollution control officers whenever required by the Department  Non-compliance of LGU with the WQM Action Plan  Direct use of booster pumps in the distribution system or tampering with the water supply

Fines, Damages and Penalties

 Fines of 10,000 – 200,000 PhP for every day of violation; upon

PAB recommendation (rates to be increased 10% every 2 years);  Closure, suspension of development or construction or cessation of operations, upon PAB recommendation;  2 to 4 yrs. imprisonment for failure to clean up & 50,000 – 100,000 for every day of violation;  6 to 12 yrs. imprisonment & 500,000 PhP for every day of violation for such refusal resulting in serious injury or death and/or irreversible contamination;

Who implements the Clean Water Act?

DENR

DEPED

DILG Philippine coast guard

DPWH

DA

DOH

PIA

INCENTIVES AND REWARDS  Rewards, monetary or otherwise, shall be provided to

individuals, private organization and entities, including civil society, that have undertaken outstanding and innovative projects, technologies, processes and techniques or activities in water quality management. Said rewards shall be sourced from the Water Quality Management Fund herein created.  Incentives Scheme  Tax and Duty Exemption on Imported Capital Equipment  Tax Credit on Domestic Capital Equipment  Tax and Duty Exemption of Donations, Legacies and Gifts

 Government financial institutions such as the Development Bank of the

Philippines, Land Bank of the Philippines, Government Service Insurance System, and such other government institutions providing financial services shall, in accordance with and to the extent allowed by the enabling provisions of their respective charters or applicable laws, accord high priority to extend financial services to LGUs, WDs, enterprises, or private entities engaged in sewage collection and treatment facilities.

THE END OUR ENVIRONMENT AND ECOSYSTEM NEEDS

To God Be The Glory…

US!!!