Philippine Clean Water Act of 2004

Republic Act No. 9275 Philippine Clean Water Act of 2004 The Philippine Clean Water Act of 2004 (Republic Act No. 9275) aims to protect the country’s wate waterr bodi bodies es from from poll pollut utio ion n from from land land-b -bas ased ed sourc ources es (ind (indus ustr trie ies s and and comm commer erci cial al esta establ blis ishm hmen ents ts,, agri agricu cult ltur ure e and and comm commun unit ity/ y/ho hous useh ehol old d acti activi viti ties es). ). It prov provid ides es for for a compre comprehen hensiv sive e and integr integrate ated d strat strategy egy to preven preventt and minimi minimize ze pollut pollution ion throu through gh a multi multi-sectoral and participatory approach involving all the stakeholders. Management of water quality will either be based on watershed, river basin or water resources regi region. on. Wate Waterr qual qualit ity y mana manage geme ment nt area areas s with with simi simila larr hydr hydrolo ologi gica cal, l, hydr hydrog ogeo eolo logi gica cal, l, meteorological or geographic conditions which affect the reaction and diffusion of pollutants in water water bodies bodies are to be design designate ated d by the the DENR DENR in coordi coordinat nation ion with with the the Natio National nal Water  Water  Resources Board (NWRB). How will discharges of wastewater be controlled?

 All owners or operators of facilities that discharge wastewater are required to get a permit to discha discharge rge from from the DENR DENR or the Laguna Laguna Lake Lake Develop Developmen mentt Author Authority ity.. Existi Existing ng indust industrie ries s 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 water supply supply and sewerage facilities facilities are required required to connect existing sewage sewage lines, lines, subject subject to the payment of sewerage service charges/fees within five years following effectivity of this Act.  All sources of sewage sewage and septage are required to comply with the law. 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 pollutants listed 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. Other implementing government agencies in support of the Act: 1. Department of Environment and Natural Resources (DENR) – act as overall of the lead agency; prepare a National Water Quality Status Report; issue rules and regulations in the implementation of the Act. 2. Department of Agriculture (DA) – shall develop guidelines for re-use of wastewater for  irrigation purposes or as soil conditioner or fertilizer; together with the PCG shall enforce water  quality standards in marine waters. 3. Philippine Coast Guard (PCG) – shall enforce standards and regulations in offshore areas including the discharge of wastewater by ships; together with the DA shall enforce water quality standards in marine waters. 4. Department of Public Works and Highways (DPWH) - together with the DENR and LGUs shall prepare a national program on sewerage and septage management. 5. Department of Health (DOH) - shall provide specific health criteria and data related to the promulgation, revision and enforcement of drinking water quality standards. 6. Metropolitan Waterworks and Sewerage System (MWSS) and Local Water Utilities Authority (LWUA) –shall contribute inputs relative to the responsibilities of concessionaires and water  districts in sewerage, septage and sanitation management. 7. Department of Education (DepEd), Commission on Higher Education (CHED), Department of  Interior and Local Governments (DILG) and the Philippine Information Agency (PIA) – shall prepare and implement a comprehensive and continuing public education and information program 8. Department of Energy (DOE) – with the DENR shall formulate water quality criteria and standards specifically for geothermal exploration that encounters re-injection constraints, that provides adequate protection to other users of water bodies downstream of the geothermal project.

10. Department of Science and Technology (DOST) – with the DENR shall prepare a program for the evaluation, verification, development and public dissemination of pollution prevention and cleaner production technologies. Strengths 1. The Philippine Clean Water Act of 2004 sets a regulation system to control who can discharge and the amount of wastewater that can be discharged in the bodies of water. With this regulation system, industries which release harmful and toxic wastewater to bodies of water can be penalized.

Weaknesses

2. The Philippine Clean Water Act of 2004 discouraged/discourages the discharge of  wastewater to bodies of water, thus, water  pollution and other problems that may result from it were/are avoided. 3. It reinforces/complements Republic Act No. 6969 or Toxic Chemicals, Hazardous and Nuclear Wastes Control Act which prohibits the transport, dumping or discharge of  prohibited chemicals, substances or pollutants listed in the said RA. 4. With this Act, access to clean water can be guaranteed and illnesses in the country which are attributed to polluted waters can be minimized.

Pollution of rivers, streams, and lakes contaminate ground and surface waters, thus exposing the population to environmentally-related diseases. The relationship between polluted water and disease has now been firmly established and accepted. Much of the surface water in urban areas is a public health risk while rural surface waters are also sources of disease. The World Bank estimates that exposure to water pollution and poor  sanitation account for one-sixth of reported disease cases, and nearly 6,000 premature deaths per year. The cost of treatment and lost income from illness and death due to water pollution is pegged at PHP6.7 billion (US$134 million) per year (PEM 2006).

Pollution of our water resources such as untreated wastewater discharges affects human health through the spread of disease-causing bacteria and viruses. Some known examples of  diseases that may be spread through wastewater discharge are gastro-enteritis, diarrhea, typhoid, cholera, dysentery, hepatitis, and, recently, Severe Acute Respiratory Syndrome (SARS) (PEM 2003).  According to the World Bank, just under a third, or 31 percent of illnesses in the country, monitored for a five-year period were caused by water-borne pathogens. In the agriculture sector, application of agrochemicals (i.e. fertilizers, herbicides, pesticides) remains a common practice among farmers in rural areas. Intensive use of agrochemicals has been known to create and result to both environmental problems and diseases. The hazards accompanying this practice, especially those associated with persistent organic pollutants or POPs have been known for years and the knowledge of the extent of harm they cause has increased.  According to a study by Dr. N. Maramba (1996), most farmers may be aware that pesticides are hazardous but there is a lack of awareness of exposure risks. Pesticide handlers are the ones most heavily exposed. In addition, exposure of households in farming communities may occur  due to spray drift from nearby fields. This exposure is further enhanced by farmers’ practice of  washing their sprayers near, or in, irrigation canals, which may then become part of agricultural runoff. They also use this water source for washing of hands and feet, clothes, and to some extent, for taking a bath. Several cases were cited in the study concerning organochlorine poisonings, aplastic anemia, eye, skin, nail, pulmonary, renal, and neurological problems found to be significantly associated with pesticide exposure. Maramba’s report further mentions that groundwater near rice paddies may at times contain pesticide residues. While levels detected were below the allowable limit, this may present longterm chronic exposure problems. Problems caused by exposure, the report stipulates, are further aggravated by the fact that very few epidemiological studies on human populations have been designed to investigate pesticide exposure and pesticide-related illnesses among affected populations, resulting in possible health risks for the broader population.  An article by Juan Mercado in the Philippine Daily Inquirer last February 22, 2007, highlights the threats of aerial spraying of pesticides over Mindanao banana plantations. He mentioned that around 13.5 metric tons of toxic mercury is being washed yearly into major rivers, from Naboc to Kinking, which then flows into the Davao Gulf. Lead tailings poison the Hijo, Matiao, Masara, Batoto, and Manat Rivers. Mercury-laced waters, from Compostela Valley, seep into tributaries, as they drain into Butuan Bay. Mercury-stained stream sediments also threaten the Agusan River. In another study conducted on banana production in Mindanao, soil analysts reported that intensive land cultivation and overuse of chemicals gravely damaged the land of banana growers in Davao, Philippines. Most banana companies are now said to be on the lookout for  more land because the existing plantations have become less productive through the years, a consequence of intensive use of fertilizer and chemicals (JCDB, 1979 as cited in Calderon and

Rola, 2003).  Agrochemicals not only pollute surface waters. A study conducted by Leonila Varca, “Impact of   Agrochemicals on Soil and Water Quality”, concludes that longterm use of pesticides to control pests and diseases, especially in rice production, may actually contribute to the contamination of soil and groundwater with their residues. Contamination from industrial sources is also a common source of diseases caused by toxic substances. This includes heavy metal contamination from mining activities, which leads to elevated levels of mercury causing gingivitis, skin discoloration, neurological disorders, and anemia. Water contamination from electronic manufacturing, for example from chemicals such as trichloroethylene was recorded in an incident in Las Piñas City in 2007, lead to dizziness and headaches as well as cancer (PEM 2006). The PEM 2004 report also warns that exposure to chemicals from industrial effluents may result in a range of health effects including headache, nausea, blurring of vision, poisoning, male sterility, and immune system impairment.  Amidst this warning are several cases that have been reported in the past few years. One of  these was an incident in December 2006 in Barangay Prenza, in Marilao, Bulacan. According to news reports, the residents were suddenly awakened in the early dawn with the stench of  chemicals dumped in the nearby irrigation canal by men said to be hired by the CFS Waste and Recycling Management Co. in Valenzuela City (Reyes, C, PDI, December 7, 2006). Many residents vomited and fainted and were rushed to the hospital. Nearly half of the village’s 3,000 residents had to evacuate to escape toxic asphyxiation (PDI, December 6, 2006). In May 2006, the Sun Star Bacolod reported that residents of Barangay Mansilingan in Bacolod City were complaining of the foul odor allegedly being emitted by Coca-Cola Bottlers Philippines Inc. in their area. The community has initiated efforts to file their complaints and have a dialogue with concerned local government officials as well as the management of said corporation.  Another case of chemical waste spill was also reported in Lucena City in March 2006 (Mallari, D, PDI, 2006). Chemical wastes from a soap factory located at the outskirts of this city has spilled into the Alitao River, causing serious water pollution that is affecting the lives of  thousands of people who depend on the river, including an indigenous Aeta community. In March 2007, the DENR warned of groundwater contamination in Pamplona, Las Piñas. Tricholoroethylene (TCE), a carcinogen, was found in 19 out of 102 wells tested in the vicinity of  a Philips Corporation facility. The water was rendered unfit for human consumption (GMANews.TV, 21 March 2007). Official documentation of water pollution shows that the major pollutants, including BOD, DO, coliform, nitrates, and suspended solids, have increased steadily in Philippine rivers. It was observed, however, that official Philippine data tend to emphasize BOD and other biological pollutants to the exclusion of other—more industrial and more toxic—pollutants, hence, do not

clearly identify concrete impacts of these more hazardous wastes on health and the environment. Toxic incidences and impacts of polluted water bodies only come to public attention when a relatively huge number of the population is involved and if the effects on health are graphic and immediate. In 2007, a broad study was carried out by Greenpeace to investigate the quality of various surface and ground water systems in four countries, including the Philippines. Water from the systems investigated is known to be abstracted for distribution as drinking water, generally following purification treatments that include chlorination. Treated waters are supplied either via piped distribution networks or as bottled water. However, many of these river and canal systems also receive inputs of potentially contaminated wastewaters either from point sources and/or diffuse run-off from agricultural land. These and other sources may also be contributing to contamination of groundwater aquifers in their vicinity, some of which are used untreated as drinking water. In another Greenpeace report released in February 2007, water samples taken from industrial estates in the Philippines were studied. The results showed varying degrees of contamination from different hazardous chemicals, including volatile organic compounds (VOCs) and heavy metals. VOCs are known to affect the kidneys, the central nervous system and the liver, and are potentially carcinogenic. All sites notably contained chlorinated VOCs, toxic solvents or  degreasers used in “cleaning” semiconductors and other electrical equipment. Water samples taken from the Cavite Export Processing Zone (CEPZA) in Rosario, Cavite, in particular, contained tetrachloroethene at nine times above the WHO guidance values for  exposure limits, and 70 times the US Environmental Protection Agency maximum contaminant level for drinking water. Elevated levels of metals, particularly copper, nickel and zinc, were also found in groundwater samples in other sites, also within the province (Cutting Edge Contamination: A Study of Environmental Pollution during the manufacture of Electronic Products, 2007). As yet, no health cases have been directly linked to the contamination. However, The World Health Organization (WHO) and the United Nation’s Children’s Fund (UNICEF) in their publication “Promoting and Protecting Human Health”, states that “(…)  Anthropogenic chemical pollution of surface waters, mainly by industry and agricultural runoff, is a health hazard, but the impacts on health (for example, malignant tumors) generally occur only after extended periods of exposure and are difficult to attribute accurately to specific environmental or lifestyle factors.”

References: http://emb.gov.ph/eeid/2010/factsheet/RA%209275.pdf  http://emb.gov.ph/eeid/cwa-english.htm