Philippine Clean
Water Act of 2004
RA 9275
Title of the Act
Section 1- This Act shall
be known as the
“Philippine Clean Water
Act of 2004”
Declaration of Policy
To streamline processes and procedures in the prevention, control
and abatement of pollution of the country's water resources;
b) To promote environmental strategies, use of appropriate
economic instruments and of control mechanisms for the protection
of water resources;
c) To formulate a holistic national program of water quality
management that recognizes that water quality management
issues cannot be separated from concerns about water sources
and ecological protection, water supply, public health and quality
of life;
d) To formulate an integrated water quality management
framework through proper delegation and effective coordination of
Declaration of Policy
e) promote commercial and industrial processes and products that
are environment friendly and energy efficient;
f) To encourage cooperation and self-regulation among citizens
and industries through the application of incentives and market-
based instruments and to promote the role of private industrial
enterprises in shaping its regulatory profile within the acceptable
boundaries of public health and environment;
g) To provide for a comprehensive management program for water
pollution focusing on pollution prevention;
h) To promote public information and education and to encourage
the participation of an informed and active public in water quality
management and monitoring;
Declaration of Policy
i) To formulate and enforce a system of accountability for short and
long-term adverse environmental impact of a project, program or
activity; and
j) To encourage civil society and other sectors, particularly labor,
the academe and business undertaking environment-related
activities in their efforts to organize, educate and motivate the
people in addressing pertinent environmental issues and problems
at the local and national levels.
Coverage of the Act (Sec 3)
Water Quality Management in all water
bodies
Application to the abatement and control
of pollution from land based sources
Quality standards and regulations and the
civil liability and penal provisions.
Water Quality Management
Article 1 (Section 5)
The Department, in coordination with
National Water Resources Board (NWRB),
shall designate certain areas as water
quality management areas using
appropriate physiographic units such as
watershed, river basins or water resources
regions
Water Quality Management
Article 1 (Section 5)
A technical secretariat for each management area is hereby created
which shall be part of the department and shall provide technical support
to the governing board. They shall be composed of 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.
SECTION 6. Management of Non-
attainment Areas
The Department shall designate water
bodies, or portions thereof, where
specific pollutants from either natural or
man-made source have already
exceeded water quality guidelines as
non-attainment areas for the
exceeded pollutants.
SECTION 9. National Water Quality Management Fund.
A water quality management fund, to be administered by the Department, in
coordination with other concerned agencies, as a special account in the National
Treasury is hereby established. The fund shall be used to finance the following:
a) Finance containment and clean-up operations of the government in water
pollution cases;
b) Guarantee restoration of ecosystems and rehabilitation of affected areas;
c) Support research, enforcement and monitoring activities;
d) Provide technical assistance to the implementing agencies;
e) Grant rewards and incentives;
f) Support information and educational campaign; and
g) Such other disbursements made solely for the prevention, control or abatement
of water pollution and management and administration of the management areas
in the amounts authorized by the Department.
SECTION 10. The Area Water Quality Management Fund
The area water quality management fund is hereby
established for the maintenance and upkeep of the
water bodies in a water quality management area. The
fund shall be utilized for the grant of rewards and
incentives for entities whose effluent discharges are
better than the water quality criteria of the target
classification of the receiving body of water, loans for
acquisitions and repairs of facilities to reduce quantity
and improve quality of wastewater discharges, and
regular maintenance of the water bodies within the
management area.
SECTION 14. Discharge Pemits
TheDepartment shall require owners or operators
of facilities that discharge regulated effluents
pursuant to this Act to secure a permit to
discharge. The discharge permit shall be the legal
authorization granted by the Department to
discharge wastewater: Provided, That the
discharge permit shall specify among others, the
quantity and quality of effluent that said facilities
are allowed to discharge into a particular water
body, compliance schedule and monitoring
requirement
SECTION 15. Financial Liability for Environmental Rehabilitation
The Department shall require program
and project proponents to put up
environmental guarantee fund {EGF) as
part of the environmental management
plan attached to the environmental
compliance certificate pursuant to
Presidential Decree No.1586 and its
implementing rules and regulations.
SECTION 27. Prohibited Acts
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;
SECTION 27. Prohibited Acts
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;
SECTION 27. Prohibited Acts
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;
SECTION 27. Prohibited Acts
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
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
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:
SECTION 28. Fines, Damages and
Penalties
Provided,That the Secretary, upon recommendation of the
PAB 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. This paragraph shall be without prejudice to
the issuance of an ex parte order for such closure,
suspension of development or construction, or cessation of
operations during the pendency of the case.
