Water Act

BILONGILOT, Antonette M.

Professor Zenia Rodriguez

3 LM 1

Political Dynamics

Republic Act 9275: “Philippine Clean Water Act of 2004” The Philippines is one of the richest when it comes to water resources. It is easy for one person to identify and locate water resource in every place in the country. iIt boasts 18 major river basins, 421 principal rivers, about 79 natural lakes, and extensive coastline that stretches 17,460 km. But the worst news about this is that fast urbanization, wide spread industrialization and large number of population have caused the deterioration of these natural water resources in the country at a disturbing levels. It is indeed alarming, particularly in ii

Marilao and Meycauyan River that was listed among the “Dirty Thirty”- The World’s Worst

Polluted Places by the Blacksmith Institute, a New York-based environmental watchdog. It is hard to admit the fact that as time passes by the death of the water resources in the country increases too Many Filipinos would wish to go back to the times when they can drink clean, cold and safe water straight from the tap. The distressing part today is that in order to drink clean and safe water, one must pay for it. Bottled water is now available in stores and different purifying stations are located in every corner of the street offering people distilled or mineral water. It became a necessity for us. Water stations became source of earnings of many people nowadays. iii

This situation gives people a tragic reminder that we have lost our way with clean water. The

water intended for human consumption was not the only one affected but as well as the health and safety of the people living near rivers and other water resources. ivThe quality of the water in our country was badly affected due to the nutrients, sewage, chemicals, metals, oil and other impurities coming from factories, buildings, schools, households, etc. This is the price Filipino people are paying for the excessive abuse of the water resources. The problem was many of the water resources in the country like rivers were killed by different sources of pollutions- domestic wastes, livestock, industrial sources, point and nonpoint sources. vDomestic waste is the biggest contributor to water pollution because more than

90% of inadequately treated sewage is discharged into surface waters. viMost of these wastes find their way to major rivers in Metro Manila and other cities. Thus, with this kind of pollutants present in the water how one can safely swim to beaches, rivers and ponds when doing so will be a threat to one’s health because of the accumulation of different bacteria. Supplying every Filipino with clean water is a challenge for the government and a problem to face for every Filipinos. As was shortly discussed earlier, Blacksmith Institute listed Marilao and Meycauayan River system as one of the World’s Worst Polluted Places for 2007. viiBlacksmith Institute is an international environmental group that works in locations throughout the developing world where human health is most affected by pollution.

viii

They bring the necessary resources to

research a pollution problem and it proposed solutions thoroughly. In the said list Marilao and Meycauyan are the only South East Asian.

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The annual study, administered by a technical

advisory board composed of 18 field experts, noted the presence of heavy metals, chemicals, and other forms of waste in the river system of Meycauayan, Marilao as well as another Bulacan town, Obando. It was reported that there were 250,000 potentially people affected by the pollutants present in the river system, which is the source of drinking and agricultural water supplies of the residents. xDue to extreme pollution coming from tanneries, gold and precious metals refineries, and legacy lead smelting waste, and numerous municipal dumpsites the river system was extremely affected. The Marilao-Meycauayan-Obando river system, which stretches up to 55 kilometers, has been identified as one of the country’s 50 endangered rivers due to heavy pollution.

The river’s pollution was blamed primarily on heavy industries along its banks such as tanneries, textile factories, gold refineries, and jewelry-making, electroplating, livestock and poultry and other manufacturing establishments. xiSubstantial contamination also results from small-scale lead recycling facilities along the river and from the many tanneries that dump untreated hexavalent chromium-laced wastewater into the river. By the report made by Blacksmith Institute we can identify that the pollutants present in the river came from non-point source as gold and precious metals refineries are related to mining, while tanneries affects the condition of water by the effluents (chrome) it discharge and the smelting waste which includes production of metal from its ore, iron extraction and copper extraction. With the evidence discussed we can assessed that the Marilao and Meycauyan River has a high level of TDS or total dissolved solids. xii

TDS is generally used as an aggregate indicator of the presence of a broad array of chemical

contaminants. The tanneries and similar industries that discharged heavy metals, settled in sediments at the bottom of rivers and eventually into bays.

xiv

xiii

the

These metals become pollutants

when they occur in concentrations large enough to have an adverse effect on the ecosystem and public health. The dumping of chemicals affects the quality of water and causes hazardous effects for human health. The residents complained about the dumping of toxic wastes into the river for it caused severe effect on the health of the local population with complaints of nausea, eye irritation, and various respiratory ailments.xvThe river also feeds directly into the Manila Bay, and its effluents contaminate local fishing areas, further endangering health. The river was not just the dumping site of the chemical waste, but as well as the garbage coming from the residents. When the river overflows due to high tide, rains or flood the garbage goes all the way to Marilao and other parts of Bulacan like in Meycauyan. The river was occupied with domestic waste coming from houses and chemical and hazardous waste coming from manufacturing or processing plant. It was an alarming problem for the locality of Marilao and Meycauyan. This problem needs extensive attention and immediate solution, it does not only concern the condition of their river system but the health of the residents was also at stake. The local government of Marilao and Meycauyan exerted considerable effort to deal with the main problem of the pollution. They created coordinating body to encourage and guide clean up of the river. They come up with a clean-up operation in order to gradually restore the river to its physical, chemical and biological state. Meycauayan has a five-year master plan called the “Heal Meycauayan River Project.” Marilao has created the Marilao River Council. It has done cleanups and bamboo planting along the riverbanks. The clean-up operation was supported by Blacksmith Institute, representatives from federal group, the local municipality and industries from area and community groups. xviA process has been started to collaboratively implement private and public remediation efforts over the next several years and efforts are ongoing to obtain national and international financial assistance. The clean-up operation includes tannery waste treatment plant, which was financially assisted by the Manila Tanneries Association. Adding to the operation was the full commitment accepted by the Stakeholder group members and Philippines Recyclers Incorporated (PRI) to strictly regulate the treatment of lead battery waste stockpiles which will further help in the success of the clean-up operation of the Marilao and Meycauyan river system. The cause of the pollution in the river system was primarily due to the lack of concern and education of the people about the hazardous effect of the chemical dumped in the rivers, if this

was not resolved immediately a major damage might happen, before it massively affect all the water system in the country it was a good thing that the river was saved. The clean-up operation was not also possible without the support of the political leaders in the locality. When the incident in the Marilao and Meycauyan river system, the Republic Act 9275 other known as the “Philippine Clean Water Act of 2004” was passed already and existing, since the incident happened in the year 2007, the RA 9275 already covered all the implementing rules to be followed in order to resolved the incident in the Marilao and Meycauyan river system. This is the reason why the problem was immediately resolved because of the existing law. Because of the immediate action given by the local government of Marilao and Meycauyan and with the support provided by the international environment groups and community groups the problem was then resolved. This is a public concern because if this is neglected it will aggravate and do more damage. The deteriorating river system will cause damage to the marine environment therefore affecting the marine inhabitants and will definitely have an effect to the fishing activity of many people influencing then the source of income of the people. The people should learn from this as well, that they should take care of the natural resources in the country, to conserve water and dispose their wastes properly. We only have one nature, as the steward of it; people must learn to value and take care of it. Prevention is better than cure; people shouldn’t let another devastating event to happen again before they do their part in taking care of the environment. It is unusual to hear people talking about environment, it receives less attention but has a devastating effect to humanity when abused and neglected. The welfare of the environment should be the concern of everybody since we deal with it every day of our lives, without the clean and safe water used for human consumption, how can people survive? This concerns everybody. It is never too late to educate ourselves about how to take care of our environment.

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Education is the best defense

against water pollution. An informed citizenry is more likely to follow water quality rules than an ignorant society. xviii

Recognizing that water pollution has become a major concern for the whole nation as a

whole, Congress enacted the Clean Water Act (CWA) in 2004 with the aim of cleaning up Philippine waters.

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The severity of the water pollution problem prompted Congress to legislate

a law that was both comprehensive and protective of our water resources. CWA played an

important role for resolving the water pollution in Marilao and Meycauyan River System. The enactment of the CWA is one of the significant additions to other pollution control laws like the Philippine Clean Air Act and Ecological Solid Waste Act. It only shows the sincere desire of the government to solve the pollution problem in the country.

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The principal author of the

Philippine Clean Water Act was Representative Augusto Baculio, chairman of the House committee on ecology. The CWA is a consolidation of Senate Bill No. 2115 and House Bill No. 5398. It was passed by the Senate and the House on February 4, 2004. It was approved into law by President Gloria Macapagal Arroyo on March 2, 2004.

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The law was enacted to formulate a holistic national

program of water quality management, to streamline processes in the abatement of water pollution, to enforce a system of accountability, and to encourage cooperation among citizens and industries.

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The CWA primarily applies to land-based sources of water pollution. Even

though it applies to land-based sources of water pollution, it does not signify exclusivity, there are some cases when certain provisions in CWA would also apply to marine or vessel-based sources of water pollution. As was stated in the

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Section 3 of CWA; “This Acts shall apply to

water quality management in all water bodies: Provided, that it shall primarily apply to the abatement and control of pollution from land based sources: Provided, that the water quality standards and regulations and the civil liability and penal provisions under this Act shall be enforced irrespective of sources of pollution.” Cite for example when a vessel causing oil spill or chemical spill on the oceans. It will still be under clean-up liability as well as the fines and penalties provided by the CWA will still apply. They will still undergo the same treatment as if the source was a plant, factory, and other land-based sources of water pollution. xxivThe law’s focus, however, is in the area of land-based sources of water pollution.

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Marine pollution laws

and treaties, in turn, govern water quality management and pollution abatement of marine-based sources. The Clean Water Act mandates the DENR (Department of Environmental and Natural Resources) as the lead implementing agency to formulate and implement more stringent policies and strengthen partnerships with other government agencies and stakeholders to implement water quality in all parts of the country. DENR will be the chief enforcer and to

xxvi

prepare a

National Water Quality Status Report, an Integrated Water Quality Management Framework, a ten year water quality Management Area Action Plan.

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As the chief enforcer of CWA, the

DENR is vested with administrative authority to compel compliance with water quality regulations and impose administrative sanctions for violation thereof. Along with the DENR is

the LGUs or the Local Government Units. The LGUs has the supporting role in the implementation of CWA. It shares responsibility with the DENR. They assist the DENR in ensuring that the goals of the CWA are implemented and attained. They will administer and check businesses and industries in their areas.

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LGUs are the first line of defense against any

oil spills or water quality problems. They are expected to act swiftly and immediately even before the DENR and the national government can lead assistance in containing any water contamination. The DENR and LGUs in connection with other government agencies keeps an eye to businesses and industries which are the source of pollution. Like the incident of the Marilao and Meycauyan River, where nearby businesses, plants and industries are located. Since the emission of toxic waste is already part of the operation of industries and manufacturing plants, section 12 of the CWA provides the Categories of Industry Sector, otherwise known as the Implementing Rules and Regulations of the CWA. It requires the DENR to come up with the effluent standards per industry sector every two years. Effluent as defined in Section 4 of CWA is the discharges known source which is passed into a body of water or land, or wastewater flowing out of a manufacturing plant, industrial plant including domestic, commercial and recreational facilities. The effluent standards are established on a per industry basis since industries varies. It will not be practicable to establish a uniform standard for all industries because it will not take into account the economic efficiencies, strengths, and weaknesses inherent in each industry sector. By this mandatory given by the CWA, establishments discharging effluents into water bodies are oblige to make use of new technology and modern devices to reduce their wastes. They are forced to invest in research and development with the view of minimizing and avoiding waste together. This will be a big help in improving the waste management and changing the outlook of industries, businesses and manufacturing plants polluting the environment.

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This provision is of an action-forcing character that demands

results and prompts attention from the agencies concerned. In connection with this is the discharging of permits. Section 14 of the CWA

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requires owner and operators of facilities that

discharge regulated effluents pursuant to this Act to secure a permit to discharge. Operators should secure this required permit in order to operate. The permit specifies the quantity and quality of effluent that the operators are allowed to discharge, the compliance schedule and monitoring duties. The permit requirement allows the government to keep an eye to the levels of water pollution. It also forces the operators to devise latest processes to avoid penalties and

governmental interference in their operations. Failure to secure the required permit and to meet the required standards of the CWA expects to get stricter and frequent inspection. Because of widespread industrialization, the government cannot totally control water pollution in the country; this is the reason why several laws exist in order to manage and further stop the pollution from destroying totally our country’s water resources. But since pollution is already there the only action we can do is to try to restore the water quality of the country. Section 16 of the CWA discusses the Clean-up Operations when the condition of the water starts to aggravate.

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Section 16 is the heart and soul of the CWA. This is a very important provision

of the CWA. It sets out the liabilities of a polluter in clean-up operations. It operates to recover the damaged water resource. The State has the authority to sue a person liable for polluting the waters.

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The State acts as the trustee of the public trust consisting of the natural resources of

the country and the State has an interest as an owner of the natural resources to sue for natural resource damages against the person causing the pollution. Section 16 orders the person causing the pollution to pay and reimburse the DENR for clean-up expense. The CWA did its part in restoring the water quality in the country as well as in saving the water resources. After few years that it has been effective there are several key achievements by the CWA. To be realistic the total restoration of the rivers in the country is not easy and it takes a lot of effort and attention. As the industries and manufacturing plants that causes the pollution of the water continues to operate, the pollution will also remain; the only action our government can do is to control it and to monitor these operators frequently, to assure that they are complying with the required standards. They should be stricter in giving discharge permits and increase the corresponding penalties for violators. If the fines are going to reduce largely the income of these operators or even suffer losses, there is a greater chance of the compliance of the violator unlike if the fines are little enough that it will not affect any of the earnings or assets of these operators, the violators will just keep paying the fines while continuing to commit prohibited acts. The Philippine Clean Water Act is for the welfare of the people. We have abused our water resources to such a point that we have to pay what we have done. We ruined it so we must do our part in not just repairing it but to restore it to its original beauty. These Act will go a long way, it is our defense against the total deterioration of our water resources. We should never stop in aiming to have clean water to drink and a safe and crystal clear river to offer for future generation we

should do our part to help revive our water resources. It should start within our selves, be responsible and be aware.

ENDNOTES

i

http://www.emb.gov.ph/?wqms/2001-2005%20NWQSR/NWQSR%20-%20Body.pdf>

ii

http://www.gmanews.tv/story/61154/Marilao-Meycauayan-listed-among-worlds-dirtiest

iii

Environmental Law: Pollution Control, Pe Benito, Galahad R.A, (Quezon City, Central Book Supply,

2009) iv

Ibid.

v

http://www.emb.gov.ph/?wqms/2001-2005%20NWQSR/NWQSR%20-%20Body.pdf>

vi

Ibid.

vii

http://www.blacksmithinstitute.org

viii

Ibid

ix

http://www.gmanews.tv/story/61154/Marilao-Meycauayan-listed-among-worlds-dirtiest http://www.blacksmithinstitute.org

x xi

Ibid

xii

Environmental Law: Pollution Control, Pe Benito, Galahad R.A, (Quezon City, Central Book

Supply, 2009) xiii

Ibid

xiv

Ibid

xv

http://www.blacksmithinstitute.org

xvi

Ibid

xvii

Environmental Law: Pollution Control, Pe Benito, Galahad R.A, (Quezon City, Central Book

Supply, 2009) xviii

Ibid

xix

Ibid

xx

http://www.mb.com.ph/node/160521

xxi

ibid

xxii

Ibid

xxiii

Environmental Laws in the Philippines / compiled and edited by CBSI. (Manila: Central Book

Supply, 2005) xxiv

Pe Benito, Galahad R.A, Environmental Law: Pollution Control (Quezon City, Central Book

Supply, 2009) xxv

Ibid

xxvi

Environmental Laws in the Philippines / compiled and edited by CBSI. (Manila: Central Book

Supply, 2005)

Environmental Law: Pollution Control, Pe Benito, Galahad R.A, (Quezon City, Central Book

xxvii

Supply, 2009) xxviii

Ibid

xxix

ibid

xxx

Environmental Laws in the Philippines / compiled and edited by CBSI. (Manila: Central Book

Supply, 2005) xxxi

ibid

xxxii

Ibid

Bibiliography: A Legal Arsenal for the Philippine Environment, Antonio A. Oposa Jr. (Bantayan Island : Batas Kalikasan, c2002.)

Environmental Laws in the Philippines / Compiled and Edited by CBSI. (Manila: Central Book Supply, 2005) Environmental Law: Pollution Control, Pe Benito, Galahad R.A, (Quezon City, Central Book Supply, 2009) http://www.blacksmithinstitute.org http://www.emb.gov.ph (Environmental Management Bureau) http://www.gmanews.tv http://www.mb.com.ph (Manila Bulletin)