REPUBLIC ACT 9275
"PHILIPPINE CLEAN
WATER ACT OF 2004."
AN ACT PROVIDING FOR A COMPREHENSIVE WATER
QUALITY MANAGEMENT AND FOR OTHER PURPOSES
SECTION 1- 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.
SECTION 3 - COVERAGE
OF THE ACT
This Act 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, further, 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.
Provisions in relevance to the
practice of Agricultural
Engineering
Chapter 2 (Water Quality Management
Systems) section 5 of this act authorized the
head implementing agency DENR in
coordination with NWRB to designate certain
areas as water quality management areas
using appropriate physiographic units such as
watershed, river basins or water resources
regions.
at least four (4) members who shall have the following
minimum qualifications:
a) One (1) member shall be a member of the
Philippines Bar;
b) One (1) member shall be a Chemical Engineer,
Chemist, Sanitary Engineer, Environmental Engineer
or Ecologist or significant training and experience in
chemistry;
c) One (1) member shall be a Civil Engineer or
Hydrologist or Significant training and experience in
closely related fields and experience on ground water,
respectively; and
d) One (1) member shall be a Geologist, Biologist, or
significant training and experience in closely related
fields.
Chapter 3 (Institutional Mechanism) section 22
,letter c. of this act states that the DA, shall
coordinate with the Department, in the
formulation of guidelines for the re-use of
wastewater for irrigation and other agricultural
uses and for the prevention, control and
abatement of pollution from agricultural and
aquaculture activities:.
Provided, That discharges coming from non-
point sources be categorized and further
defined pursuant to this Act: Provided, further,
That the Bureau of Fisheries and Aquatic
Resources (BFAR) of the DA shall be primarily
responsible for the prevention and control of
water pollution for the development,
management and conservation of the fisheries
and aquatic resources;
CHAPTER 5 - CIVIL
LIABILITY/PENAL
PROVISIONS
Section 27. Prohibited Acts. - The following acts are
hereby prohibited:
a) Discharging, depositing or causing to be deposited
material of any kind directly or indirectly into the water
bodies or along the margins of any surface water,
where, the same shall be liable to be washed into such
surface water, either by tide action or by storm, floods
or otherwise, which could cause water pollution or
impede natural flow in the water body;
b) Discharging, injecting or allowing to seep into
the soil or sub-soil any substance in any form that
would pollute groundwater. In the case of
geothermal projects, and subject to the approval of
the Department, regulated discharge for short-
term activities (e.g. well testing, flushing,
commissioning, venting) and deep re-injection of
geothermal liquids may be allowed: Provided, That
safety measures are adopted to prevent the
contamination of the groundwater;
c) 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;
d) Disposal of potentially infectious medical waste into
sea water by vessels unless the health or safety of
individuals on board the vessel is threatened by a
great and imminent peril;
e) Unauthorized transport or dumping into sea waters
of sewage sludge or solid waste as defined under
Republic Act No.9003;
f) Transport, dumping or discharge of prohibited
chemicals, substances or pollutants listed under
Republic Act No.6969;
g) Operate facilities that discharge or allow to seep,
willfully or through gross negligence, prohibited
chemicals, substances or pollutants listed under R. A.
No. 6969 into water bodies or wherein the same shall
be liable to be washed into such surface, ground,
coastal, and marine water;
h) Undertaking activities or development and
expansion of projects, or operating
wastewater/sewerage facilities in violation of
Presidential Decree. No.1586 and its implementing
rules, and regulations;
i) Discharging regulated water pollutants without the
valid required discharge permit pursuant to this Act or
after the permit was revoked for any violation of
condition therein;
j) Non-compliance of the LGU with the Water Quality
Framework and Management Area Action Plan. In
such a case, sanctions shall be imposed on the local
government officials concerned;
k) Refusal to allow entry, inspection and monitoring by
the Department in accordance with this Act;
l) Refusal to allow access by the Department
to relevant reports and records in accordance
with this Act;
m) Refusal or failure to submit reports
whenever required by the Department in
accordance with this Act;
n) Refusal or failure to designate pollution
control officers whenever required by, the
Department in accordance with this Act; and
o) Directly using booster pumps in the
distribution system or tampering with the water
supply in such a way as to alter or impair the
water quality.
SECTION 28. Fines, Damages and
Penalties. - Unless otherwise provided herein,
any person who commits any of the prohibited
acts provided in the immediately preceding
section or violates any of the provision of this
Act or its implementing rules and regulations,
shall be fined by the Secretary, upon the
recommendation of the PAB in the amount of
not less than Ten thousand pesos
(P10,000.00) nor more than Two hundred
thousand pesos (P200,000.00) for every day of
violation.
The fines herein prescribed shall be increased
by ten percent (10%) every two (2) years to
compensate for inflation and to maintain the
deterrent function of such fines .
upon recommendation of the PAB, the
secretary may order the closure, suspension of
development or construction, or cessation of
operations or, where appropriate disconnection
of water supply, until such time that proper
environmental safeguards are put in place
and/or compliance with this Act or its rules and
regulations are undertaken.
Failure to undertake clean-up operations, willfully,
or through gross negligence, shall be punished by
imprisonment of not less than two (2) years and
not more than four (4) years and a fine not less
than Fifty thousand pesos (P50,000.00) and not
more than One hundred thousand pesos
(P100,000.00) per day for each day of violation.
Such failure or refusal which results in serious
injury or loss of life and/or irreversible water
contamination of surface, ground, coastal and
marine water shall be punished with imprisonment
of not less than six (6) years and one day and not
more than twelve (12) years, and a fine of Five
Hundred Thousand Pesos (P500,000.00) per day
for each day during which the omission and/or
contamination continues.
Salamat kaayo
