RA
The Clean Water Act
of
9275:
2004
Presented by Jomel C.
Gaspan
PSSSSSST!
Inday adi na
iyo bill sa
tubig..
Tiwas
nahikit’an
ak
CHAPTER 1
GENERAL PROVISIONS
ARTICLE 1
DECLARATION OF PRINCIPLES AND POLICIES
SECTION 1. Short Title. - This Act shall be known as the "Philippine Clean Water Act of 2004."
SECTION 2. 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. A s such, it shall
be the policy of the State:
a)To streamline p r o c e s s e s 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 m ech anis m s 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 functions and activities;
e)promote commercial and industrial p r o c e s s e s and products that are environment friendly and
energy efficient;
f)To encourage cooperation and s e l f - regulation among citizens and industries through
the application of incentives and m a r k e t - b a s e d 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 prov ide 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;
i)To formulate and enforce a s y s t e m of accountability for short and l o n g - term
adverse environmental impact of a project, program or activity; and
j) To encourage civil society and other sectors, particularly labor, the a c a d e m e and
business
undertaking env ironment- related activ ities in their efforts to organize, educate and motivate the
people in addressing pertinent environmental issues and problems at the local and national levels.
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
b a s e d sources: Provided, further, That the water quality standards and regulations and the civil
liability and penal prov isions under this Act shall be enforced irrespective of sources of pollution.
CHAPTER 2
WATER QUALITY M A N A G E M E N T SYSTEM
ARTICLE 1
GENERAL PROVISIONS
SECTION 5. Water Quality Management Area. - 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. Said
management areas shall have similar hydrological, hydrogeological, meteorological or geographic
conditions which affect the physicochemical, biological and bacteriological reactions and
diffusions of
pollutants in the water bodies, or otherwise share c o m m o n interest or face similar development programs,
p ro s p ects or problems.
Said management area shall be governed by a governing board c o m p o s e d of representatives of mayors and
governors of member local government units (LGUs), and representatives of relevant national government
agencies, duly registered n o n - governmental organization, water utility sector, and business sector. The
Department representative shall chair the governing board. In the c a s e of the LGUs with memberships on
more than one (1) management board, the LGU shall designate only one (1) single representative for all the
management areas wherein is a member.
The governing board shall formulate strategies to coordinate policies necessary for the effective
implementation of this Act in acco rdance with those established in the framework and monitor the
compliance with the action plan.
Each management area shall create a multi- sectoral group to establish and affect water quality
surveillance and monitoring network including sampling schedules and other similar activities. The group
shall submit its report and recommendation to the chairman of the governing board.
CHAPTER 2
WATER QUALITY MANAGEMENT SYSTEM
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.
The areas within the jurisdiction of the Laguna Lake Development Authority (LLDA) shall be designated as
one management area under the administration of LLDA in accordance with R.A. No. 4 8 5 0 , as amended:
Provided, However, That the standards promulgated pursuant to this Act and wastewater charge system
established pursuant hereof shall be enforced in said area.
CHAPTER 2
WATER QUALITY MANAGEMENT SYSTEM
SECTION 6. Management of No n - attainment Areas. - The Department shall designate water bodies, or portions
thereof, where specific pollutants from either natural or m a n - made source have already exceeded water quality
guidelines as n o n - attainment areas for the exceeded pollutants. It shall prepare and implement a program that will
not allow new sources of exceeded water pollutant in n o n - attainment areas without a corresponding reduction in
discharges from existing sources; Provided, That if the pollutant is naturally occurring, e.g. naturally high boron and
other elements in geothermal areas, discharge of such pollutant may be allowed: Provided, further, That the effluent
concentration of discharge shall not exceed the naturally occurring level of such pollutant in the area: Provided,
Finally, That the effluent concentration and volume of discharge shall not adversely affect water supply, public health
and ecological protection.
The Department shall, in coordination with NWRB, Department of Health (DOH), Department of Agriculture (DA),
governing board and other concerned government agencies and private sectors shall take such measures as may be
necessary to upgrade the quality of such water in n o n - attainment areas to meet the standards under which it has
been classified.
Upgrading of water quality shall likewise include undertakings, which shall improve the water quality of a water body
to a classification that will meet its projected or potential use.
The LGUs shall prepare and implement contingency plans and other measures including relocation, whenever
necessary, for the protection of health and welfare of the residents within potentially affected areas.
CHAPTER 2
WATER QUALITY MANAGEMENT SYSTEM
SECTION 7. National Sewerage and Septage Management Program. -
The Department of Public Works and Highways (DPWH), through its relevant attached agencies, in coordination
with the Department, local government units (LGUs) and other concerned agencies, shall, as soon as possible,
but in no case exceeding a period of twelve (12) months from the affectivity of this Act, prepare a national
program on sewerage and septage management in connection with Section 8 hereof.
Such program shall include a priority listing of sewerage, septage and combined sewerage-septage projects for
LGUs based on population density and growth, degradation of water resources, topography, geology, vegetation,
program/projects for the rehabilitation of existing facilities and such other factors that the Secretary may deem
relevant to the protection of water quality. On the basis of such national listing, the national government may
allot, on an annual basis, funds for the construction and rehabilitation of required facilities.
Each LGU shall appropriate the necessary land, including the required rights-o f - way/road access to the land for
the construction of the sewage and/or septage treatment facilities.
Each LGU may raise funds to subsidize necessary expenses for the operation and maintenance of sewerage
treatment or septage facility servicing their area of jurisdiction through local property taxes and enforcement
of a service fee system.
CHAPTER 2
WATER QUALITY MANAGEMENT SYSTEM
SECTION 8. Domestic Sewage Collection, Treatment and Disposal. -
Within five (5 ) years following the effectivity of this Act, the Agency vested to provide water supply and
sewerage facilities and/or concessionaires in Metro Manila and other highly urbanized cities (HUCs) as defined
in Republic Act No. 7160, in coordination with LGUs, shall be required to connect the existing sewage line found
in all subdivisions, condominiums, commercial centers, hotels, sports and recreational facilities, hospitals,
market places, public buildings, industrial complex and other similar establishments including households to
available sewerage system. Provided, That the said connection shall be subject to sewerage services
charge/fees in accordance with existing laws, rules or regulations unless the sources had already utilized their
own sewerage system: Provided, further, That all sources of sewage and septage shall comply with the
requirements herein.
In areas not considered as HUCs, the DPWH in coordination with the Department, DOH and other concerned
agencies, shall employ septage or combined sewerage-septage management system.
For the purpose of this section, the DOH, coordination with other government agencies, shall formulate
guidelines and standards for the collection, treatment and disposal of sewage including guidelines for the
establishment and operation of centralized sewage treatment system.
CHAPTER 2
WATER QUALITY MANAGEMENT SYSTEM
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 c l e an - 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.
The fines imposed and damages awarded to the government by the Pollution Adjudication Board (PAB), proceeds of
permits issued by the Department under this Act, donations, endowments and grants in the form of contributions to
the national government under this Act shall form part of the fund. Such donations, endowments and grants shall be
exempt from donor's taxes and all other taxes, charges or fees imposed by the government and shall be deductible
from the gross income of the donor for income tax purposes.
Disbursements from the fund shall be subject to the usual accounting and budgeting rules and regulations.
CHAPTER 2
WATER QUALITY MANAGEMENT SYSTEM
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 11. Water Quality Variance for Geothermal and Oil and Gas Exploration.
-The Department may provide variance in water quality criteria and standards for geothermal exploration
that encounters r e - injection constraints: Provided, That there shall be provision for adequate protection of
beneficial use of water bodies, downstream of the geothermal project: Provided, further, That this provision
may be applied to oil and gas exploration as determined by the Department.
SECTION 12. Categories of Industry Sector.
- Within t w e n t y - four (24) months from the effectivity of this Act, and every two (2) years thereafter, the
Department shall, through due public consultation, revise and publish a list of categories of industry sector
for which effluent standards will be provided for each significant wastewater parameter per industry
sector.
ARTICLE 2
WATER POLLUTION PERMITS
AND CHARGES
SECTION 13. Wastewater Charge System. - The Department shall implement a wastewater charge system
in all management areas including the Laguna Lake Region and Regional Industrial Centers through the
collection of wastewater charges/fees. The system shall be established on the basis of payment to the
government for discharging wastewater into the water bodies. Wastewater charges shall be established
taking into consideration the following:
a) To provide strong economic inducement for polluters to modify their production or management
processes or to invest in pollution control technology in order to reduce the amount of water pollutants
generated;
b) To cover the cost of administering water quality management or improvement programs;
c)Reflect damages caused by water pollution on the surrounding environment, including the cost
of rehabilitation;
d) Type of pollutant;
e) Classification of the receiving water body; and
f) Other special attributes of the water body.
The fee shall be based on the net waste load depending on the wastewater, charge formula which shall be
established with due public consultation within six ( 6 ) months from the effectivity of this Act: Provided,
That net waste load shall refer to the difference of the initial waste load of the abstracted water and the
waste load of the final effluent discharge of an industry: Provided, further, That no net waste load shall be
lower than the initial waste load: Provided, finally, That wastewater charge system shall not apply to
wastewater from geothermal exploration.
ARTICLE 2
WATER POLLUTION PERMITS
AND CHARGES
SECTION 14. Discharge Pemits. - The Department 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.
As part of the permitting procedure, the Department shall encourage the adoption of waste minimization
and waste treatment technologies when such technologies are deemed cost effective. The Department
shall also develop procedures to relate the current water quality guideline or the projected water quality
guideline of the receiving water body/ies with total pollution loadings from various sources, so that
effluent quotas can be properly allocated in the discharge permits. For industries without any discharge
permit, they may be given a period of twelve {12) months after the effectivity of the implementing rules
and regulations promulgated pursuant to this Act, to secure a discharge permit.
Effluent trading may be allowed per management area.
ARTICLE 3
FINANCIAL LIABILITY
MECHANISM
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. The EGF shall finance the maintenance of the health of
the ecosystems and specially the conservation of watersheds and aquifers affected by the development,
and the needs of emergency response, c l e an - up or rehabilitation of areas that may be damaged during the
program's or project's actual implementation. Liability for damages shall continue even after the
termination of a program or project and, until the lapse of a given period indicated in the environmental
compliance certificate, as determined by the Department. The EGF may be in the form of a trust fund,
environmental insurance, surety bonds, letters of credit, sel f- insurance and any other instruments which
may be identified by the Department. The choice of the guarantee instrument or combinations thereof
shall depend, among others, on the assessment of the risks involved and financial test mechanisms
devised by the Department. Proponents required to put up guarantee instruments shall furnish the
Department with evidence of availment of such instruments from accredited financial instrument
providers.
ARTICLE 3
FINANCIAL LIABILITY
MECHANISM
SECTION 16. Cl ean-Up Operations. - Notwithstanding the provisions of Sections 15 and 26 hereof, any
person who causes pollution in or pollutes water bodies in excess of the applicable and prevailing
standards shall be responsible to contain, remove and c l e an - up any pollution incident at his own expense
to the extent that the same water bodies have been rendered unfit for utilization and beneficial use:
Provided, That in the event emergency c l e an - up operations are necessary and the polluter fails to
immediately undertake the same, the Department, in coordination with other government agencies
concerned, shall conduct containment, removal and c l e an - up operations. Expenses incurred in said
operations shall be reimbursed by the persons found to have caused such pollution upon proper
administrative determination in accordance with this Act. Reimbursements of the cost incurred shall be
made to the Water Quality Management Fund or to such other funds where said disbursements were
sourced.
ARTICLE 3
FINANCIAL LIABILITY
MECHANISM
SECTION 17. Programmatic Environmental Impact Assessment. - The Department shall implement
programmatic compliance with the environmental impact assessment system, as in the following types
of development:
a)development consisting of a series of similar projects, or a project subdivided into several
phases and/or stages whether situated in a contiguous area or geographically dispersed; and
b)development consisting of several components or a cluster of projects c o - located in an area such as
an industrial estate, an export processing zone, or a development zone identified in a local land use plan.
Programmatic compliance with the environmental impact assessment system shall be guided by
carrying capacity assessments determined from ecological profiles. Ecological profiles shall Identify
environmental constraints and opportunities in programmatic areas. Programmatic assessment shall
also take into account cumulative impacts and risks.
Consistent with the provisions of the Local Government Code, the Department may enter into agreement
with LGUs to incorporate programmatic environmental impact assessment into the preparation,
updating or revision of local land use plans and area development plans.
SECTION 18. Environmental Impact Assessment System Programmatic Compliance with Water Quality
Standards. - The. Department may allow each regional industrial center established pursuant to Republic
Act No.7916 (PEZA law) to allocate effluent quotas to pollution sources within its jurisdiction that qualify
under an environmental impact assessment system programmatic compliance program in accordance
with Presidential Decree No. 15867 and its implementing rules and regulations.
CHAPTER 3
INSTITUTIONAL
MECHANISM
SECTION 19. Lead Agency. - The Department shall be the primary government agency responsible for the
implementation and enforcement of this Act unless otherwise provided herein. As such, it shall have the
following functions, powers and responsibilities:
SECTION 20. Role of Local Government Units. - Local government units shall share the responsibility in
the management and improvement of water quality within their territorial jurisdictions.
Each local government unit shall within six ( 6 ) months after the establishment of the water quality
management area action plan prepare a compliance scheme in, accordance thereof, subject to review
and approval of the governing board.
Each local government unit shall, through its Environment and Natural Resources Office (ENRO)
established in Republic Act No.7160, have the following powers and functions:
a) Monitoring of water quality;
b) Emergency response;
c) Compliance with the framework of the Water Quality Management Action Plan;
d) To take active participation in all efforts concerning water quality protection and
rehabilitation; and
e)To coordinate with other government agencies and civil society and the concerned sectors in
the implementation of measures to prevent and control water pollution: Provided, however, That in
provinces/cities/municipalities where there are no environment and natural resources officers, the local
executive concerned may, with the approval of the Secretary of the DENR designate any of his official
and/or chief of office preferably the provincial, city or municipal agriculturist, or any of his employee:
CHAPTER 3
INSTITUTIONAL MECHANISM
SECTION 21. Business and Industry Role in Environmental Management. - The Department and the LGUs,
in coordination with the appropriate government agencies. and in consultation with the business and
industrial sectors including commerce, shall formulate appropriate incentives for the adoption
procedures that will preserve and protect our water bodies through the introduction of innovative
equipment and processes that reduce if totally eliminate discharge of pollutants into our water bodies.
SECTION 22. Linkage Mechanism. - The Department and its concerned attached agencies including LLDA
shall coordinate and enter into agreement with other government agencies, industrial sector and other
concerned sectors in the furtherance of the objectives of this A c t - The following agencies shall perform
tile functions specified hereunder:
CHAPTER 3
INSTITUTIONAL MECHANISM
a)Philippine Coast Guard in coordination with DA and the Department shall enforce for the enforcement
of water quality standards in marine waters, set pursuant to this Act, specifically from offshore sources;
b)DPWH through its attached agencies, such as the MWSS, LWUA, and including other urban water
utilities for the provision or sewerage and sanitation facilities and the efficient and safe collection,
treatment and disposal of sewage within their area of jurisdiction;
c)DA, shall coordinate with the Department, in the formulation of guidelines for the r e - 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 n o n - point sources be
categorized and further defined under 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;
d)DOH shall be primarily responsible for the promulgation, revision and enforcement of drinking
water quality standards;
e)DOST, in coordination with the Department and other concerned agencies, shall prepare a program for
the evaluation, verification, development and public dissemination of pollution prevention and cleaner
production technologies; and
f)Department of Education (DepEd), Commission Higher Education (CHED), Department of the Interior
and Local Government (DILG) and Philippine Information Agency (PIA) shall assist and coordinate with the
Department in, the preparation and implementation of a comprehensive program pursuant to the objectives
of this Act.
CHAPTER 3
INSTITUTIONAL MECHANISM
SECTION 23. Requirement of Record-keeping, Authority for Entry to Premises and Access to Documents. -
The Department or its duly authorized representative shall, after proper consultation and notice, require any
person who owns or operates any pollution source or who is subject to. any requirement of this Act to submit
reports and other written information as may be required by the department.
SECTION 24. Pollution Research and Development Programs. - The Department, in coordination with the
Department of Science and Technology (DOST), other concerned agencies and academic research
institutions, shall establish a national research and development program for the prevention and control of
water pollution. As part of said program, the DOST shall conduct and promote the coordination and
acceleration of research, investigation, experiments, training, survey and studies relating to the causes,
extent, prevention and control of pollution among concerned government agencies and research
institutions.
CHAPTER 4
INCENTIVES AND
REWARDS
SECTION 25. 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.
SECTION 26. Incentives Scheme. - An incentive scheme is hereby provided for the purpose of encouraging
LGUs, water districts (WDs), enterprises, or private entities, and individuals, to develop or undertake an
effective water quality management, or actively participate in any program geared towards the promotion
thereof as provided in this Act.
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 s u b - 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
r e - 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;
CHAPTER 5
CIVIL
LIABILITY/PENAL
PROVISIONS
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. 6 9 6 9 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)No n - 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.
CHAPTER 5
CIVIL
LIABILITY/PENAL
PROVISIONS
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 ( P 1 0 , 0 0 0 . 0 0 ) nor more than Two hundred
thousand pesos ( P 2 0 0 , 0 0 0 . 0 0 ) 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: 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.
SECTION 29. Administrative Sanctions Against No n - compliance with the Water Quality Management Area
Action Plan. - Local government officials concerned shall be subject to Administrative sanctions incase of
failure to comply with their action plan accordance with the relevant provisions of R.A. No. 7160.
CHAPTER
6 ACTIONS
SECTION 30. Administrative Action. - Without prejudice to the right of any affected person to file an
administrative action, the Department shall, on its own instance or upon verified complaint by any person,
institute administrative proceedings in the proper forum against any person who violates:
a) Standards or limitations prov ided by this Act; or
b) By any such order, rule or regulation issued by the Department with respect to such standard or
limitation.
CHAPTER 7
FINAL PROVISIONS
SECTION 31. Appropriations.- An amount of One hundred million p e s o s (P100,000,000.00) shall be
appropriated from the sav ings of the National Government to the Department for the initial implementation
of this Act. Thereafter, the amount necessary to effectively carry out the provision of this Act shall be
included in the General Appropriations Act of the year following its enactment into law and thereafter.
SECTION 32. Implementing Rules and Regulations. - The Department, in coordination with the Committees on
Environment and Ecology of the Senate and the House of Representatives, respectively and other concerned
agencies shall promulgate the implementing rules and regulations for this Act, within one (1) year after the
enactment of this Act: Provided. That rules and regulations issued by other government agencies and
instrumentalities for the prevention and/or abatement of water pollution not inconsistent with this Act shall
supplement the rules and regulations issued by the Department, pursuant to the prov isions of this Act.
The draft of the implementing rules and regulations shall be published and be the subject of public
consultations with affected sectors.
There shall be a mandatory review of the implementing rules and regulations and standards set pursuant to
the prov isions of this Act.
CHAPTER 7
FINAL PROVISIONS
SECTION 33. Joint Congressional Oversight Committee. - There is hereby created a Joint Congressional
Oversight Committee to monitor the implementation of this Act and to review the implementing rules and
regulations promulgated by the Department. The Committee shall be c o m p o s e d of five (5) Senators and five;
(5) Representatives to be appointed by the Senate President and the Speaker of the House of
Representatives, respectively. The Oversight Committee shall be c o - chaired by the Chairpersons of the
Committee on Environment of the Senate and the Committee on Ecology of the House of Representatives.
SECTION 34. Repealing Clause. - Presidential Decree No.984 is hereby repealed. Republic Act Nos. 6969 and
4 8 5 0 as amended, Presidential Decree Nos. 1586, 1152, 979 and 856 are hereby amended and modified
accordingly. All other laws, orders, issuance, rules and regulations inconsistent herewith are hereby repealed
or modified accordingly.
SECTION 35. Separability Clause. - If any provision of this Act or the application such provision to any person
or circumstances is declared unconstitutional, the remainder of the Act or the application of such provision
to other person or circumstances shall not be affected by such declaration.
SECTION 36. Effectivity. - This Act shall take effect fifteen (15) d a y s from the date of its publication in the
Official Gazette or in at least two (2) newspapers of general circulation.
Approved,
FRANKLIN DRILON
President of the Senate
JOSE DE VENECIA JR.
Speaker of the House of Representatives
This Act which is a consolidation of Senate Bill No. 2115 and House Bill No.
5398 was finally passed by the Senate and the House of Representatives
on February 4, 2004.
OSCAR G. YABES
Secretary of Senate
ROBERTO P. NAZARENO
Secretary General
House of Represenatives
Approved: March 22, 2004
GLORIA MACAPAGAL-ARROYO
President of the Philippines
Thank you
very
much!